Is Alabama going to be able to go forward with an historic execution this week?

January 21, 2024

Alabama has an execution scheduled for January 25 that would be historic in two ways: (1) it would be the first execution using nitrogen gas, and (2) it would be the first modern execution of a conemned prisoner whose execution failed in a previous attempt. Though Kenneth Eugene Smith is continuing to litigate in a effort to preclude his unique execution, I am (not-too-confidently) expecting his execution will go forward. Here is an abridged round-up of press pieces about this scheduled execution:

From the AP, “Alabama plans to carry out first nitrogen gas execution. How will it work and what are the risks?“

From CBS News, “Alabama readies never-before-used execution method that some veterinarians won’t even use for pets“

From Courthouse News Service, “Federal panel hears appeal of pending nitrogen hypoxia execution“

From Fox News, “Minister attending nitrogen gas execution of Alabama prisoner asks state for extra safety precautions“

From The Marshall Project, “Vomiting, Seizures, Stroke: What Could Happen in the First Nitrogen Execution in the U.S.“