A divided Alabama Supreme Court has said that Alabama 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 authorized an execution warrant for Kenneth Eugene Smith. The exact date of the execution will be set later by Alabama Gov. Kay Ivey.
The all-Republican court in a 6-2 decision granted the state attorney general’s request for an execution warrant for Kenneth Eugene Smith. The order did not specify the execution method, but the Alabama attorney general indicated in filings with the court that it intends to use nitrogen to put Smith to death. The exact date of the execution will be set later by Alabama Gov. Kay Ivey.
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 as an execution method but no state has attempted to use it.
Smith was one of two men convicted in the 1988 murder-for-hire slaying of Elizabeth Sennett in Alabama’s Colbert County.Judge says Georgia’s congressional and legislative districts are discriminatory and must be redrawn “Elizabeth Sennett’s family has waited an unconscionable 35 years to see justice served. Today, the Alabama Supreme Court cleared the way for Kenneth Eugene Smith to be executed by nitrogen hypoxia,” Alabama Attorney General Steve Marshall wrote. “Though the wait has been far too long, I am grateful that our capital litigators have nearly gotten this case to the finish line.”“The state seeks to make Mr.
Under the proposed method, the inmate would be forced to breathe only nitrogen, depriving them of oxygen needed to maintain bodily functions and causing them to die. Nitrogen makes up 78% of the air inhaled by humans and is harmless when inhaled with oxygen. While proponents of the new method have theorized it would be painless, opponents have likened it to human experimentation.
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