US Supreme Court refuses to halt first nitrogen gas execution

The US Supreme Court has declined to block Alabama from carrying out the execution of Kenneth Eugene Smith using nitrogen gas, a method that has never been used before for capital punishment in the country. Smith had appealed to the court, arguing that the planned execution was cruel and constituted unusual punishment. Scheduled for Thursday, the execution involves the administration of toxic nitrogen gas into Smith’s body via a mask. Alabama had previously attempted to execute Smith by lethal injection two years ago for his 1989 murder conviction, which ended in failure. However, Smith’s execution could still face a potential delay as judges in the 11th US Circuit Court of Appeals deliberate on a separate case he filed. The execution method has been under scrutiny, with the UN’s High Commissioner for Human Rights raising concerns of potential torture or other inhumane treatment. Critics argue that the untested method should be halted. Smith’s legal team has also cited the prohibition of multiple execution attempts as a violation of the US Constitution, as they claim it constitutes “cruel and unusual” punishment. Smith was convicted, along with another individual, of the murder of Elizabeth Sennett, who was stabbed and beaten to death in a hired killing worth $1,000 in 1989. While Smith admitted being present during the crime, he denies participating in the attack. His accomplice, John Forrest Parker, was executed in 2010. This is a developing story and further details will be provided soon. Stay tuned for updates. Get instant Breaking News alerts on your mobile device or tablet using the BBC News App, or follow @BBCBreaking on Twitter.