An appeal questioned Alabama's readiness to employ the untried execution method
The US Supreme Court has opted not to block the country’s first execution of a death row inmate via nitrogen hypoxia, reported the American Bar Association Journal.
The Supreme Court's decision came amidst two pending appeals. One argument, rooted in the Eighth Amendment, revolved around Alabama's second attempt to execute convicted murderer Kenneth Eugene Smith following a failed attempt by executioners to insert an intravenous line in November 2022.
The second appeal questioned Alabama's readiness to employ the untested nitrogen hypoxia execution method. As per the New York Times, the concern raised was that the mask used to administer nitrogen might allow the entry of oxygen, prolonging the process of death.
Smith's legal team said that the initial execution attempt left Smith traumatised and led to post-traumatic stress disorder. Smith alleged that the second execution attempt would subject him to cruel and unusual punishment.
Smith’s team made plans to bring the matter to the Supreme Court after the 11th US Circuit Court of Appeals in Atlanta rejected Smith's injunction request. The execution by nitrogen hypoxia was scheduled for last week.
Smith was convicted for his involvement in the 1988 murder-for-hire killing of pastor’s wife Elizabeth Dorlene Sennett.
