Montgomery, Alabama
A divided Alabama Supreme Court said the state can execute an inmate with nitrogen gas, a method that has not previously been used carry out a death sentence.
The order did not specify the execution method, but the attorney general indicated in court filings that it intends to use nitrogen to put Smith to death.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 for executions but none have tried to use it.
Alabama Attorney General Steve Marshall praised Wednesday’s ruling, writing that it “cleared the way for Kenneth Eugene Smith to be executed by nitrogen hypoxia,” although he said it was “unconscionable” the family had to wait decades for justice.
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Alabama Supreme Court grants state’s request to execute Kenneth Eugene Smith by nitrogen hypoxiaSmith, convicted of the murder of Elizabeth Sennett in Colbert County in 1988, would be the first inmate to die by nitrogen hypoxia.
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Alabama can execute inmate with nitrogen gas, state's highest court saysA divided Alabama Supreme Court has said the state can execute an inmate with nitrogen gas
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Alabama can execute inmate with nitrogen gas, state's highest court saysA divided Alabama Supreme Court has said the state can execute an inmate with nitrogen gas
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Alabama court says state can execute inmate with nitrogen gasA 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
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Alabama court says state can execute inmate with nitrogen gasA 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.
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Alabama can use nitrogen in execution, state's top court rulesAlabama, Oklahoma and Mississippi have OK'd nitrogen hypoxia as an execution method but no state has tried to use it. More litigation over the issue is seen as likely.
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