Alabama in January became the first state to execute a prisoner using nitrogen; eyewitnessesreported the inmate, Kenneth Smith, 58, remained conscious for several minutes and violently thrashed and heavedwhile he was strapped to a gurney.
hypoxia system is reliable and humane," Marshall said in a previous statement. "Miller's complaint was based on media speculation that Kenneth Smith suffered cruel and unusual punishment in the January 2024 execution, but what the State demonstrated to Miller's legal team undermined that false narrative.