Alabama Highest Court Rules: Montgomery, Ala. In a divided decision, the Alabama Supreme Court approved the use of nitrogen gas for the execution of inmate Kenneth Eugene Smith. This marks a departure from traditional methods and makes Alabama the first state to attempt a death sentence using nitrogen. The 6-2 decision follows the state attorney general’s request for an execution warrant. While the order did not specify the method, court filings indicated Alabama’s intention to employ nitrogen. Governor Kay Ivey will determine the execution date.
This decision brings Alabama to the forefront of states considering nitrogen hypoxia as an execution method. Despite authorizations in Alabama, Oklahoma, and Mississippi, no state has previously implemented this approach.
Kenneth Eugene Smith was convicted in the 1988 murder-for-hire of Elizabeth Sennett in Colbert County, Alabama. Alabama Attorney General Steve Marshall expressed gratitude for the court’s decision, highlighting the lengthy wait for justice in this case.
Smith’s attorneys had opposed the execution request, arguing against using an untested protocol for nitrogen hypoxia. The proposed method involves the inmate breathing only nitrogen, leading to a lack of oxygen necessary for bodily functions and causing death. While proponents suggest it is painless, opponents equate it to human experimentation.
The state’s prior attempt to execute Smith by lethal injection was unsuccessful last year. The execution team faced difficulties connecting the required intravenous lines, leading to the cancellation of the procedure.
Smith’s legal team accused the state of prioritizing his execution to preemptively address his lawsuit challenging lethal injection procedures.
Chief Justice Tom Parker and Justice Greg Cook dissented in Wednesday’s decision. Prosecutors revealed that Smith, paid to kill Sennett on behalf of her financially troubled pastor husband, was part of a shocking murder-for-hire case that shook the small north Alabama community.
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Our Reader’s Queries
What is the rule 60 in Alabama?
The court can, based on fair conditions, help a party or their legal rep get relief from a final judgment, order, or proceeding for these reasons: (1) mistake, oversight, surprise, or excusable neglect; (2) new evidence that couldn’t have been found even with careful searching.
What is the rule 59 in Alabama?
The court has the authority to order a new trial within 30 days of the judgment for any reason that would have justified a new trial if requested by a party. The grounds for the new trial will be specified in the court’s order.
What is the rule 65 in Alabama?
Rule 65(b) allows for urgently-needed injunctive relief without notifying the other party. This relief, called a temporary restraining order, can be granted without notice if the verified facts in the complaint clearly show that the plaintiff is genuinely concerned about the risk of irreversible harm.
What is the rule 62 in Alabama Rules of Civil Procedure?
In certain cases, the court can issue a final judgment for some but not all parties or claims in a case. This judgment can be appealed. The court can also temporarily stop the enforcement of certain conditions if necessary.