Alabama has taken a significant step in its controversial use of nitrogen gas as a method of execution. Months after executing Kenneth Smith using nitrogen gas, the Alabama Supreme Court has granted the state attorney general’s request for an execution date for Alan Eugene Miller, who survived a lethal injection attempt in 2022. Miller was convicted in 1999 for the murder of three men during a workplace shooting.
Despite Miller’s ongoing legal challenges against the use of nitrogen gas as an unconstitutional method of execution, the state maintains that it will proceed with the execution. However, Miller’s attorneys are expected to seek a federal court order to block the execution from moving forward.