November 02, 2023 at 9:21 am PDTFILE - Alabama Attorney General Steve Marshall listens to a reporter's question following oral arguments in an Alabama redistricting case, outside the Supreme Court on Capitol Hill in Washington on Oct. 4, 2022. A divided Alabama Supreme Court said the state can execute an inmate with nitrogen gas, a method that has not previously been used carry out a death sentence. The all-Republican court in a 6-2 decision Wednesday, Nov.
The decision moves Alabama closer to being the first state to attempt an execution with nitrogen gas, although there is likely to be additional litigation over the proposed new execution method. Three states — Alabama, Oklahoma and Mississippi — have authorized nitrogen hypoxia for executions but none have tried to use it.
“There are still too many unanswered questions for Alabama officials to responsibly move forward with this protocol,” said Robin Maher, executive director of the Death Penalty Information Center. The state unsuccessfully attempted to put Smith to death by lethal injection last year. The Alabama Department of Correctionswhen the execution team could not get the required two intravenous lines connected to Smith.
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