MONTGOMERY, Ala.—Alabama will be allowed to put an inmate to death with nitrogen gas, a federal appeals court ruled Wednesday, refusing to block what would be the nation’s first execution by a new method since 1982.
A divided panel of the 11th U.S. Circuit Court of Appeals rejected Kenneth Eugene Smith’s request for an injunction to stop his execution by nitrogen hypoxia Thursday night. Mr. Smith’s lawyers, who have argued the state is trying to make him the test subject for an experimental execution method, are expected to appeal to the U.S. Supreme Court in a final bid to halt the scheduled execution.
