Alabama can execute inmate with nitrogen gas, state’s highest court says

By KIM CHANDLER
Associated Press

MONTGOMERY, Ala. (AP) — A divided Alabama Supreme Court has said the state can execute an inmate with nitrogen gas. The method never been used carry out a death sentence. The all-Republican court issued a 6-2 decision on Wednesday. It authorized an execution warrant for Kenneth Eugene Smith. The exact date of the execution will be set later by the governor. The decision moves Alabama closer to being the first state to attempt an execution with nitrogen gas, although there is likely to be additional litigation over the proposed new execution method. Three states — Alabama, Oklahoma and Mississippi — have authorized nitrogen hypoxia as an execution method but no state has attempted to use it.