Alabama Death Row Inmate Granted Right to Nitrogen Hypoxia Execution by Supreme Court

In a recent development, the U.S. Supreme Court has ruled in favor of an Alabama death row inmate, who had his scheduled lethal injection halted at the last moment in November.

The U.S. Supreme Court on Monday sided with an Alabama death row inmate who argues he should be allowed to be executed by nitrogen hypoxia. (Photo: ALL Report)

Alabama Death Row Inmate Requests Nitrogen Hypoxia Execution

Alabama death row inmate, Kenneth Eugene Smith, argues that he should be allowed to be executed by nitrogen hypoxia, a method where death occurs due to breathing pure nitrogen, when the time for his execution eventually arrives.

According to AP News, the Supreme Court justices rejected the Alabama attorney general’s request to review a decision made by the 11th U.S. Circuit Court of Appeals concerning Smith’s case.

The state contended that the decision by the appeals court disregarded a precedent set by the Supreme Court, which states that an inmate challenging the execution method must demonstrate that an alternative method is not just feasible, but readily available.

While Alabama has authorized nitrogen hypoxia as an execution method, no state has yet attempted to employ this untested method to carry out an inmate’s execution.

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Alabama Death Row Inmate Execution Was Postponed

Alabama death row inmate Smith was initially scheduled to be executed by lethal injection on November 17, 2022, for his involvement in the 1988 murder-for-hire slaying of a preacher’s wife.

A divided panel of the 11th Circuit issued a stay on the day of his scheduled execution after Alabama death row inmate Smith raised concerns about previous lethal injections in the state and proposed nitrogen hypoxia as an alternative method.

The Supreme Court ultimately disagreed with the stay and lifted it. However, due to the inability of prison officials to locate a suitable vein for the second intravenous line connection to Smith’s body, his execution was postponed for the evening.

Justice Clarence Thomas and Justice Samuel Alito dissented from the Supreme Court’s decision, expressing their desire to hear the case. In November, Alabama Governor Kay Ivey announced a temporary halt to executions in order to conduct an internal review of execution procedures.

This review was initiated following issues related to intravenous lines that resulted in the cancellation or delay of multiple executions. The state intends to resume executions during the summer months.

Alabama death row inmate Smith’s attorneys argue that the botched execution attempt in November violated his rights. He has an ongoing lawsuit aimed at preventing the state from making a second attempt to execute him via lethal injection.

In a December court filing, Alabama death row inmate Smith’s lawyers stated, “Subjecting Mr. Smith to a second execution by lethal injection would inflict unnecessary physical and psychological pain on him, as has been evident in Alabama’s last three execution attempts.”

Prosecutors maintain that Alabama death row inmate Smith was one of two individuals who received $1,000 each to carry out the murder of Elizabeth Sennett on behalf of her husband, who was deeply in debt and sought to collect insurance money.

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