Prisoner who survived 'botched' execution to be second to face death by nitrogen

The state of Alabama has scheduled a second execution using nitrogen gas, just months after the state became the first to use this previously untested method.

Miller survived a lethal injection attempt in 2022, with prison officials calling off that execution just 30 minutes before the state's death warrant expired. The issue came as staff could not get a line into Miller's veins in time for the execution to be carried out, with reports saying they spent two hours trying to establish an IV line.This decision comes a week after the Alabama Supreme Court gave the green light for the execution.

Miller is currently involved in a federal lawsuit challenging the execution method as a violation of the constitutional ban on cruel and unusual punishment, citing witness accounts of Smith's death. In a lawsuit, the lawyers stated: "Rather than address these failures, the State of Alabama has attempted to maintain secrecy and avoid public scrutiny, in part by misrepresenting what happened in this botched execution.

State attorneys said that Miller has been on death row since 2000 and it's time for his sentence to be executed. The Reverand Jeff Hood, Smith's spiritual adviser who witnessed the nitrogen execution, described the decision to proceed with a second nitrogen execution as "evil is an understatement".

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