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Dennis Mcguire

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FILE - In this Jan. 17, 2014, file photo, Missie McGuire, left, listens to her husband, Dennis McGuire, at a news conference where they announced their planned lawsuit against the state over the unusually slow execution of his father, also named Dennis McGuire, in Dayton, Ohio. The state said Tuesday, April 29, 2014, that it is boosting the amount of the two-drug combo of a sedative and painkiller “to allay any remaining concerns” after the last execution, when Dennis McGuire made repeated snorting-like gasps as he died. (AP Photo/Kantele Franko, File)

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FILE - This Friday, Jan. 17, 2014, file photo shows Dennis McGuire holding a tissue while announcing a planned lawsuit against the state over the unusually slow execution of his father, also named Dennis McGuire, at a news conference in Dayton, Ohio. The state said Monday, April 29, 2014, that it is boosting the amount of the two-drug combo of a sedative and painkiller “to allay any remaining concerns” after the last execution, when Dennis McGuire made repeated snorting-like gasps as he died. (AP Photo/Kantele Franko, File)

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FILE - In this Jan. 17, 2014, file photo, Missie McGuire, left, listens to her husband, Dennis McGuire, at a news conference where they announced their planned lawsuit against the state over the unusually slow execution of his father, also named Dennis McGuire, in Dayton, Ohio. The state said Monday, April 29, 2014, that it is boosting the amount of the two-drug combo of a sedative and painkiller “to allay any remaining concerns” after the last execution, when Dennis McGuire made repeated snorting-like gasps as he died. (AP Photo/Kantele Franko, File)

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FILE - This undated file photo provided by the Ohio Department of Rehabilitation and Correction shows inmate Dennis McGuire. Initial reviews of an execution in which McGuire repeatedly gasped found no reason to change the way Ohio puts condemned prisoners to death. The reviews, required by prison rules, found that the state execution policy was followed, and execution and medical team members did what they were supposed to.(AP Photo/Ohio Department of Rehabilitation and Correction, File)

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Missie McGuire, left, listens to her husband, Dennis McGuire, at a news conference Friday, Jan. 17, 2014, in Dayton, Ohio, where they announced their planned lawsuit against the state over the unusually slow execution of his father, also named Dennis McGuire. (AP Photo/Kantele Franko)

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Dennis McGuire holds a tissue while announcing a planned lawsuit against the state over the unusually slow execution of his father, also named Dennis McGuire, at a news conference Friday, Jan. 17, 2014, in Dayton, Ohio. McGuire's lawyers had attempted last week to block his execution, arguing that the untried method could lead to a medical phenomenon known as “air hunger” and could cause him to suffer "agony and terror" while struggling to catch his breath. (AP Photo/Kantele Franko)

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Amber McGuire, left, recounts the execution of her father, Dennis McGuire, as her sister-in-law Missie McGuire cries at a news conference Friday, Jan. 17, 2014, in Dayton, Ohio, where they announced a planned lawsuit against the state over the unusually slow execution. McGuire's lawyers had attempted last week to block his execution, arguing that the untried method could lead to a medical phenomenon known as “air hunger” and could cause him to suffer "agony and terror" while struggling to catch his breath. (AP Photo/Kantele Franko)

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FILE - This undated file photo provided by the Ohio Department of Rehabilitation and Correction shows inmate Dennis McGuire. McGuire appeared to gasp several times and took an unusually long time to die — more than 20 minutes — in an execution carried out Thursday, Jan. 16, 2014, with a combination of drugs never before tried in the U.S. An attorney for McGuire's family said it plans to sue the state over what happened. (AP Photo/Ohio Department of Rehabilitation and Correction, File)

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Federal public defender Allen Bohnert talks about the execution of his client, death row inmate Dennis McGuire, by a never-tried lethal drug process, on Thursday, Jan. 16, 2014 at the Southern Ohio Correctional Facility in Lucasville, Ohio. After McGuire repeatedly gasped over several minutes before dying, Bohnert called the procedure "a failed agonizing experiment by the state of Ohio.” (AP Photo/Andrew Welsh-Huggins)