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A judge says she will order Tennessee to preserve all evidence in Christa Pike's failed execution after her legal team filed an emergency motion
Pike's legal team is giving a news conference after they and lawyers for the state were in court to discuss what will happen next in her case - watch live
Pike's lawyer told the court she is speaking but limitedly after regaining consciousness on Tuesday and that a request by medical staff to have her shackles removed has been denied
A lawyer for the state says the Tennessee Supreme Court must decide whether a new order to execute Pike will be presented
Pike continues to receive care after surviving two lethal doses of the drug pentobarbital - read more about what this is
She was sentenced to death following her conviction for murdering Colleen Slemmer in 1995
The hearing for the emergency motion filed by Christa Pike's legal team has now ended.
Lawyer's representing Pike are now speaking at a news conference, please stick with us for updates.
You can also follow by pressing watch live above.
Kayla Epstein
reporting from New York
Image source, ReutersWe've had a lot of technical back and forth in today's hearing, but here's what you need to know.
One of the issues Pike's lawyers raised in court today is the difficulty they have had getting access to visit Pike while she's been in hospital.
The judge, Chancellor l'Ashea Myles, says she will not make a decision today on Pike's lawyers' request to let Pike use the tablet she had used in prison while she's in hospital. Myles asked the state to provide more information on how the tablet works and if it can be used outside the prison.
She also said Pike's lawyers need to communicate with the warden at least two hours ahead of a visitation or communication time, and the warden then has two hours to respond to that request.
Access to Pike should be handled as if she was still in prison, and her being in hospital doesn't mean she should have less access to her attorney, Myles says.
The judge says items from the failed execution - such as drugs, syringes and tubing that are in the state's possession - must be retained "as a primary matter".
"Anything that was in the actual room needs to be preserved and maintained," she says.
She adds this includes recordings of the evening itself and any communications on the events, as well as information on the ability to access veins or "deviation from the protocol".
"Frankly, the state will have no problem doing this because you all are already doing that," she says.
She also asks for any documentation on Pike's psychological condition prior to, during and after 30 September and any other state actors who were called when the decision was made to call ambulatory services.
She advises the state to take "special care" not to misplace or accidentally delete any information that may be pertinent to the litigation.
Image source, ReutersChancellor I'Ashea Myles says she will grant Pike's attorneys the motion to preserve all evidence.
She makes it clear that she's taking a broad definition of what Tennessee authorities have to preserve.
She says she will write and issue her own order, and it will take effect when she has written and signed it, she says.
“Anything that was in the actual room needs to be preserved and maintained," the judge says, including waste, like packaging, inserts, and labels.
"We want all of it," Pike's lawyer Luke Inhen says regarding the evidence from Pike's failed execution, hammering home the central point he has made throughout this hearing.
Not preserving everything would cause harm to Pike, he argues.
He concludes with that, and the judge begins speaking.
It appears there are some technical difficulties with the livestream from the courtroom.
We're working to bring you the latest - stick with us.
Ayers has just listed some of the evidence in the state's possession, which Pike's legal team is requesting be preserved following her failed execution.
The Tennessee Department of Correction (TDOC) has advised that physical evidence was collected from the execution chamber, and has been logged into a preservation room, Ayers says.
Among the items collected are:
Ayers also acknowledges there "may be" some equipment that Pike's legal team sought in their motion that might not be in the state's possession. Specifically, Ayers says its his understanding that Pike's IV lines were cut.
He says there may be portions of those IV lines that could have been attached to Pike when she was transported to the hospital.
The state's lawyer, Will Ayres, is now addressing concerns raised by Pike's lawyers around visitation.
Pike's lawyers visited her in hospital yesterday, the state's lawyer notes.
To visit her again, which they have requested to do this afternoon, they will have to get approval from the prison warden.
There are unique concerns in keeping Pike and those around her safe, the state's lawyer adds.
Image source, ReutersWill Ayres is called back up by Chancellor I'Ashea Myles.
She asks him if it's correct that he's not in the position to say that a new execution order will not be presented tomorrow?
"I can't answer that question," Ayres says, noting how that is down to the Tennessee Supreme Court.
He says the parties are engaged in a process that governs what evidence will be preserved, and says they are working together to ensure the counsel for Pike is able to get the evidence that they believe they are entitled to.
He says the preservation of physical evidence is required by an order, and is being preserved by TDOC.
The question is, he says, is the evidence being preserved? And under the existing order, he notes, it must be.
Image source, ReutersIhnen now requests that Pike be given phone access to speak with her legal counsel.
He says that the Tennessee Department of Correction (TDOC) "continues to put up roadblocks for not only the providers at the hospital but for the counsel".
"We are frustrated that the information that the state has is repeatedly and deliberately secreted away."
The legal representative adds that Pike is currently "shackled" to her hospital bed and he understands medical staff have asked for these shackles to be removed, but this has been denied by the TDOC.
Luke Inhen, Pike's lawyer, is continuing to argue for the preservation of evidence regarding her failed execution.
He tells the court that ahead of her execution, Pike's team had warned in court filings that she had conditions that could complicate a lethal injection, a method of execution that could cause "significant, excruciating pain".
Prison officials have had issues drawing Pike's blood or finding a vein in the past, which could have complicated the procedure, he notes.
“Based on what we know about Ms Pike's current condition, these allegations in the complaint” certainly seem “related to the botched execution”, Inhen says.
“The state has made no promises that Ms Pike will not be subject to a future execution," Inhen said.
Pike's lawyers say they have made broad requests for retention of evidence from the state, because, "we don't know what they have because they won't tell us".
The court has now moved to the matter of Pike's attempted execution.
Pike's lawyer Luke Inhen is asking the state to preserve evidence - such as IV lines, syringes, and other materials - from the execution attempt on 30 September.
"We have not asked the state to produce anything," he says. "We are asking the state to preserve evidence of Miss Pike's botched execution."
The state lawyer is now moving onto discussion of the motion to preserve evidence of the attempted execution.
Will Ayers says there is no case currently open for there to be any evidence collection for, and Pike's team has not previously asked for any discovery at court appearances.
The judge asks if this is a fair argument given that Pike had "something that was more pressing than discovering in an underlying case".
Ayers says the "rules must be followed".
Image source, ReutersWill Ayers, a lawyer for the state of Tennessee
Will Ayers, a lawyer for the state, is now speaking and notes how we are in an "unusual procedural position here".
Ayers and the judge are discussing whether she can exercise her authority in this case, with the lawyer saying: "This case is still pending before this court."
The pair also speak on how the case should move forward given the previous legal challenge was transferred to the Tennessee Supreme Court before being dismissed.
The judge says: "This court closed the case and now we're here."
Attorney: Christa Pike conscious and 'speaking limitedly'
Pike's lawyer Luke Inhen says that until yesterday, his client was "unconscious" and unable to communicate.
She regained consciousness yesterday, as has been widely reported, he says, but he tells the judge she is now only “speaking limitedly.”
Without her consent, they could not bring a new legal action. With Pike now conscious, they have not yet decided whether to pursue a new legal claim.
Pike's lawyer Luke Inhen and the judge are now discussing how this court, the Davidson County Chancery Court, can maintain its jurisdiction over Pike's case.
Previously, a challenge in this court by Pike was transferred to the state's supreme court because of lack of jurisdiction, and Pike's lawyers are trying to prevent this from happening again.
As we've reported, Pike's legal challenges have brought her case to several courts in the state of Tennessee and federally, including the US Supreme Court, which allowed her execution to move forward last week.
Image source, ReutersLuke Ihnen from Federal Defender Services of Eastern Tennessee
Judge Chancellor I'Ashea Myles is now in the courtroom as proceedings begin.
Luke Ihnen, one of Christa Pike's lawyers, is first to speak.
First, they are dealing with some procedural issues related to the case.
The judge must determine whether the court has jurisdiction over Pike's case before it can move forward.
Lawyers representing Christa Pike are now inside Davidson County Chancery Court in Tennessee and the hearing has begun.
We expect her legal team to ask the judge, Chancellor I’Ashea Myles, to order the state to preserve all materials from her botched execution on 30 September.
You can follow along here for key updates, and also watch live above.
We're soon going to be hearing from Christa Pike's lawyers, who will be asking a judge in Tennessee to have all the evidence from her botched execution on Wednesday 30 September preserved.
But before we turn our attention to court, here's a look back at what you need to know from the last seven days:
