The office of Nebraska Attorney General Jon Bruning has asked the Nebraska Supreme Court to let the office remain on the death penalty case of Michael Ryan.
An attorney for Ryan said in a filing last week that Bruning's office has twice advised the state corrections department on buying the lethal injection drug sodium thiopental.
The drug company has asked Nebraska to return it, saying it was obtained by deception.
Ryan was sentenced to death for torturing and killing James Thimm at a farm near Rulo in 1985.
The new filing from Bruning's office says the argument from Ryan's attorney has no merit and that it cites no authority under the Nebraska Constitution or other Nebraska laws.