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A federal appeals court says Alabama can carry out the nation’s first execution using nitrogen gas. A three-judge panel of the 11th U.S. Circuit Court of Appeals refused to block the execution of Kenneth Eugene Smith by nitrogen hypoxia. Alabama says it plans to replace the 58-year-old’s breathing air with nitrogen gas Thursday, rendering him unconscious within seconds and killing him within minutes. Critics say the execution method violates a constitutional ban on cruel and unusual punishment. Smith is expected to appeal the ruling to the U.S. Supreme Court. He is one of two men c...

Alabama is one of three states, along with Oklahoma and Mississippi, that have authorized the use of nitrogen gas to execute prisoners.

Supreme Court denies Alabama hitman's bid to halt nitrogen hypoxia execution

Kenneth Eugene Smith is now awaiting an appeals court's decision to determine if he will be become the first person executed by nitrogen gas.

A federal appeals court says Alabama can carry out the nation’s first execution using nitrogen gas. A three-judge panel of the 11th U.S. Circuit Court of Appeals refused to block the execution of Kenneth Eugene Smith by nitrogen hypoxia. Alabama says it plans to replace the 58-year-old’s breathing air with nitrogen gas Thursday, rendering him unconscious within seconds and killing him within minutes. Critics say the execution method violates a constitutional ban on cruel and unusual punishment. Smith is expected to appeal the ruling to the U.S. Supreme Court. He is one of two men c...