1 year, 2 months ago

Alabama court says state can make second attempt to execute inmate whose lethal injection failed

MONTGOMERY, Ala. — The Alabama Supreme Court on Friday rejected the appeal of a death row inmate who is scheduled to be the first person put to death with nitrogen gas and had argued that he shouldn’t face execution after a previous attempt at a lethal injection failed. Justices without dissent rejected arguments that a second attempt to execute Kenneth Eugene Smith would violate federal and state bans on cruel and unusual punishment. “The Court of Criminal Appeals concluded that a second execution attempt under such circumstances would not constitute cruel and unusual punishment in violation of the United States and Alabama Constitutions — a conclusion that is not contradicted by the Supreme Court’s rulings,” Justice Greg Cook wrote in a concurring opinion. Circuit Court of Appeals next week will hear oral arguments in Smith’s appeal of that decision Smith was one of two men convicted of the 1988 murder-for-hire slaying of a preacher’s wife.

Associated Press

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