Supreme Court Rejects :1A New Alabama Nitrogen Executions.
Supreme Court Rejects Alabama’s Attempt to Stop Nitrogen Executions
Kenneth Smith is set to die on Thursday in the country’s first nitrogen gas execution; both the Supreme Court and a federal appeals court denied Smith’s request for a stay of execution.
On Wednesday, the U.S. Supreme Court and a federal appeals court both declined to step in and prevent Alabama from carrying out the country’s first-ever nitrogen gas execution, setting the state up to execute a death row inmate using this cutting-edge technique.
Supreme Court Rejects :1A New Alabama Nitrogen Executions.
Following the state’s disastrous attempt to execute Kenneth Smith by lethal injection in November 2022, Alabama now intends to use nitrogen gas to kill the man who was found guilty of a 1988 murder.
If no more legal action is taken, jail officials intend to bring him
Thursday night, bring him to the execution chamber in Atmore, Alabama, put on a mask, and inject nitrogen into it so he won’t be able to breathe until the end.
In Mr. Smith’s appeal of a state court case, the Supreme Court declined to get involved. Smith’s attorneys had claimed that the execution attempt would be a violation of his Eighth Amendment right to be free from cruel and unusual punishments.
The court did not provide a justification or list any dissenting opinions in its order.
A federal appeals court denied to stop the execution a few hours later in response to a different challenge from Mr. Smith’s attorneys, citing the disapproval of one of the three judges who had heard the case.
Additionally, Mr. Smith’s attorneys said they would appeal that case to the Supreme Court, possibly providing the justices with another opportunity to weigh in, even though they haven’t been inclined to in recent years when it comes to last-minute appeals involving the death penalty.
The state’s attorneys argue that nitrogen hypoxia, a technique that has been used in Europe and other places for assisted suicide, is a painless method that will swiftly cause Mr. Smith to lose consciousness before he passes away.
Supreme Court Rejects :1A New Alabama Nitrogen Executions.
However, Mr. Smith and his attorneys have expressed concern that the state’s recently established protocol may not be enough to stop issues that could result in Mr. Smith suffering greatly.
In court documents, the attorneys stated that if Mr. Smith’s mask did not fit properly, oxygen could enter and worsen his condition, or if he felt queasy, he perhaps “left to choke on his own vomit.”
At the William C. Holman Correctional Facility, the execution is set to happen at approximately six o’clock in the evening Central time, but it could happen at any time until six o’clock in the morning.
Recently, Mr. Smith has reported feeling more and more queasy as his anxiety about the impending execution mounts, which has his attorneys concerned about a potential mishap during the execution.
Supreme Court Rejects :1A New Alabama Nitrogen Executions.
This week, officials from the prison in Alabama announced that they would not be allowing him to eat after 10 a.m. on Thursday in an attempt to reduce the possibility that he would throw up.
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