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Only 7 states imposed new death sentences in 2023; 1 of them has passed new laws likely to expand number

Supreme Court doesn’t stop nation’s first execution using nitrogen gas

News Admin by News Admin
January 31, 2024
in Legal Affairs
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Supreme Courtroom would not cease nation’s first execution utilizing nitrogen fuel

By Debra Cassens Weiss

January 25, 2024, 10:26 am CST

death penalty words and gavel and books

The U.S. Supreme Courtroom has declined to intervene within the execution of Kenneth Eugene Smith in considered one of two pending appeals. (Picture from Shutterstock)

The U.S. Supreme Courtroom on Wednesday refused to dam the execution of a dying row inmate who claims that he could be subjected to merciless and strange punishment if Alabama tries to execute him once more—this time utilizing nitrogen hypoxia.

The Supreme Courtroom declined to intervene within the execution of Kenneth Eugene Smith in considered one of two pending appeals. The Eighth Modification argument earlier than the excessive court docket was based mostly on Alabama’s second try to kill the convicted assassin after executioners have been unable to insert an intravenous line in November 2022, the New York Instances reviews here and here.

Smith’s attorneys say the expertise prompted trauma and post-traumatic stress dysfunction.

A second enchantment claims that Alabama isn’t able to attempt the untested nitrogen hypoxia execution method, and that the masks that it’s utilizing to ship the nitrogen may let in oxygen, prolonging the dying course of, in accordance with the New York Instances.

Smith’s attorneys deliberate to take that problem to the Supreme Courtroom after the eleventh U.S. Circuit Courtroom of Appeals at Atlanta denied his injunction request Wednesday.

Different publications protecting the case, moreover the New York Instances, embrace Reuters, the Washington Post and Law Dork.

Smith’s execution was scheduled for Thursday night. He was convicted for his position within the 1988 murder-for-hire killing of Elizabeth Dorlene Sennett, a pastor’s spouse.





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