Alabama Court Says State Can Make 2nd Attempt to Execute Inmate Whose Lethal Injection Failed

MONTGOMERY, Ala.—The Alabama Supreme Court on Friday rejected the appeal of a death row inmate who is scheduled to be the first person put to death with nitrogen gas and had argued that he shouldn’t face execution after a previous attempt at a lethal injection failed. Justices without dissent rejected arguments that a second attempt to execute Kenneth Eugene Smith would violate federal and state bans on cruel and unusual punishment. A circuit judge had previously rejected Mr. Smith’s argument, and the decision was upheld by a state appellate court. State justices declined to review the decision. “The Court of Criminal Appeals concluded that a second execution attempt under such circumstances would not constitute cruel and unusual punishment in violation of the United States and Alabama Constitutions—a conclusion that is not contradicted by the Supreme Court’s rulings,” Justice Greg Cook wrote in a concurring opinion....