Federal judge says Alabama can conduct nation's 1st execution with nitrogen gas; appeal planned


January 10, 2024

MONTGOMERY, Ala. (AP) — Alabama will be allowed to put an inmate to death with nitrogen gas later this month, a federal judge ruled Wednesday, clearing the way for what would be the nation's first execution using a new method the inmate's lawyers criticize as cruel and experimental.

U.S. District Judge R. Austin Huffaker rejected inmate Kenneth Eugene Smith's request for a preliminary injunction to stop his scheduled Jan. 25 execution by nitrogen hypoxia. Smith's attorneys have said Alabama is trying to make Smith the "test subject" for an untried execution method after he survived the st...

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