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CNN: The US Supreme Court on Wednesday declined to halt the execution of Alabama death row inmate Kenneth Smith, who is scheduled to be put to death this week using nitrogen gas – a wholly new method some experts have decried as veiled in secrecy amid concerns it could lead to excessive pain or even torture. Smith is due to be executed during a 30-hour window starting Thursday for his part in a 1988 murder for hire. The state 14 months ago aborted an effort to execute him by lethal injection because officials could not set an intravenous line before the execution warrant expired. Smith and his attorneys last week asked the Supreme Court to pause the execution so they could argue trying to execute Smith a second time would amount to cruel and unusual punishment, violating the Eighth and 14th amendments. On Wednesday, the justices declined Smith’s requests. They did not provide an explanation in their brief order, and there were no noted dissents. Still, litigation continues ahead of Smith’s scheduled execution by nitrogen hypoxia, a method only Alabama, Oklahoma and Mississippi have approved and none has used; only Alabama, which adopted the method in 2018, has outlined a protocol for it, indicating officials plan to deliver the nitrogen to Smith through a mask. Smith’s lawyers had also filed a separate appeal with the US Court of Appeals for the Eleventh Circuit on Wednesday — that court also declined to halt Smith’s execution Wednesday night, saying “Smith has failed to show a substantial likelihood of success on the merits of his claims.” “Accordingly, his motion for a stay of execution is due to be denied without regard to the other prerequisites for the issuance of the same,” said the court in its ruling. In the request to the Eleventh Circuit Court of Appeals, Smith’s attorneys said Alabama altered its execution plans by changing the schedule for Smith to have his last meal. That change was made, the attorneys said, in response to evidence that Smith “has been vomiting repeatedly” — one of several concerns previously raised by Smith and the state’s critics, who fear Smith could vomit into the mask, causing him to choke and raising the risk of a tortuous death. #alabama #kennethsmith #cnn #crime #court #law
CNN: The US Supreme Court on Wednesday declined to halt the execution of Alabama death row inmate Kenneth Smith, who is scheduled to be put to death this week using nitrogen gas – a wholly new method some experts have decried as veiled in secrecy amid concerns it could lead to excessive pain or even torture. Smith is due to be executed during a 30-hour window starting Thursday for his part in a 1988 murder for hire. The state 14 months ago aborted an effort to execute him by lethal injection because officials could not set an intravenous line before the execution warrant expired. Smith and his attorneys last week asked the Supreme Court to pause the execution so they could argue trying to execute Smith a second time would amount to cruel and unusual punishment, violating the Eighth and 14th amendments. On Wednesday, the justices declined Smith’s requests. They did not provide an explanation in their brief order, and there were no noted dissents. Still, litigation continues ahead of Smith’s scheduled execution by nitrogen hypoxia, a method only Alabama, Oklahoma and Mississippi have approved and none has used; only Alabama, which adopted the method in 2018, has outlined a protocol for it, indicating officials plan to deliver the nitrogen to Smith through a mask. Smith’s lawyers had also filed a separate appeal with the US Court of Appeals for the Eleventh Circuit on Wednesday — that court also declined to halt Smith’s execution Wednesday night, saying “Smith has failed to show a substantial likelihood of success on the merits of his claims.” “Accordingly, his motion for a stay of execution is due to be denied without regard to the other prerequisites for the issuance of the same,” said the court in its ruling. In the request to the Eleventh Circuit Court of Appeals, Smith’s attorneys said Alabama altered its execution plans by changing the schedule for Smith to have his last meal. That change was made, the attorneys said, in response to evidence that Smith “has been vomiting repeatedly” — one of several concerns previously raised by Smith and the state’s critics, who fear Smith could vomit into the mask, causing him to choke and raising the risk of a tortuous death. #alabama #kennethsmith #cnn #crime #court #law

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