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A federal judge had already indicated he'll review the new execution process. If he allows the state to go ahead, it was not immediately clear whether the state would use pentobarbital that exceeds its expiration date or the new alternative drug combination in the November execution of Ronald Phillips, sentenced to die for raping and killing his girlfriend's 3-year-old daughter in Akron in 1993. Prisons chief Gary Mohr said on the day of Mitts' execution that the state wouldn't necessarily need to replace pentobarbital.