Alabama Supreme Court rules nitrogen gas can be used for execution

The Alabama Supreme Court decided to allow the state to move forward with executing an inmate via nitrogen gas, a first for the state.

The 6-2 decision of the high court on Wednesday was made without comment, and the order did not include a specific execution method, but Alabama Attorney General Steve Marshall had indicated in court filings that he would opt to use nitrogen gas to carry out the execution.Kenneth Eugene Smith, the man set to be executed by nitrogen gas, was convicted in a 1988 murder-for-hire killing of Elizabeth Sennett in the northwestern part of the state.

Smith is poised to be the first person executed in the United States by nitrogen hypoxia, a method that involves forcing a person to breathe pure nitrogen until they pass out and eventually die from a lack of oxygen. Three states, Alabama, Oklahoma, and Mississippi, have legalized the method, but none attempted to use it.Officials had previously tried to execute Smith by lethal injection in 2022 but failed to establish an IV by the deadline on the death warrant.

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