Alabama court says state can make second attempt to execute inmate whose lethal injection failed

MONTGOMERY, Ala. (AP) — The Alabama Supreme Court has rejected the appeal of an inmate who is scheduled to be the first person executed with nitrogen gas.  Kenneth Eugene Smith is scheduled to be executed Jan. 25 by nitrogen hypoxia. Alabama attempted to put Smith to death by lethal injection in 2022. The lethal injection was called off because of problems connecting intravenous lines. Alabama justices on Friday rejected arguments that a second attempt to execute Smith would constitute cruel and unusual punishment. Smith was one of two men convicted of the 1988 murder-for-hire slaying of a preacher’s wife.