An Alabama inmate seeking to block the state's plans to make him the second person to be put to death with nitrogen gas has filed a lawsuit arguing the state “botched” the first execution using the new method.
An Alabama inmate seeking to block the state’s plans to make him the second person to be put to death with nitrogen gas has filed a lawsuit arguing the state “botched” the first execution using the new method.
as he was put to death. The suit argued that it would be a violation of the ban on cruel and unusual punishment to put him to death using the same protocol, which used a mask to deliver the nitrogen gas. They also argued the state is seeking to execute Miller to “silence” him in retaliation for speaking out about his failed lethal injection attempt, calling that a violation of his free speech and due process rights.
In February, Marshall’s office asked the Alabama Supreme Court to set an execution date for Miller using nitrogen gas. The court has not yet ruled on the request. Miller is scheduled to file a response with the court this week. Like Smith, Miller survived a previous lethal injection attempt. The state attempted to execute Miller by lethal injection in September 2022, but that
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