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Alabama inmate opposes being ‘test subject’ for new nitrogen execution method

MONTGOMERY, Ala. (AP) — An Alabama inmate would be the test subject for the “experimental” execution method of nitrogen hypoxia, his lawyers argued, as they asked judges to deny the state’s request to carry out his death sentence using the new method.
In a Friday court filing, attorneys for Kenneth Eugene Smith asked the Alabama Supreme Court to reject the state attorney general’s request to set an execution date for Smith using the proposed new execution method. Nitrogen gas is authorized as an execution method in three states but it has never been used to put an inmate to death.
Smith’s attorneys argued the state has disclosed little information about how nitrogen executions would work, releasing only a redacted copy of the proposed protocol.
“The state seeks to make Mr. Smith the test subject for the first ever attempted execution by an untested and only recently released protocol for executing condemned people by the novel method of nitrogen hypoxia,” Smith’s attorneys wrote.
Under the proposed method, hypoxia would be caused by forcing the inmate to breathe only nitrogen, depriving them of oxygen needed to maintain bodily functions and causing them to die. Nitrogen makes up 78% of the air inhaled by humans and is harmless when inhaled with oxygen. While proponents of the new method have theorized it would be painless, opponents have likened it to human experimentation.
The lawyers said Smith “already has been put through one failed execution attempt” in November when the state tried to put him to death via lethal injection. The Alabama Department of Corrections called off the execution when the execution team could not get the required two intravenous lines connected to Smith.
His attorneys said Smith has ongoing appeals and accused the state of trying to move Smith to “the front of the line” ahead of other inmates in order to moot Smith’s lawsuit challenging lethal injection procedures.
Alabama authorized nitrogen hypoxia in 2018, but the state has not attempted to use it until now to carry out a death sentence. Oklahoma and Mississippi have also authorized nitrogen hypoxia, but have not used it.
Trip Pittman, the former Alabama state senator who proposed the new execution method, has disputed criticism that the method is experimental. He said that while no state has carried out a death sentence with nitrogen, people have died by breathing nitrogen during industrial accidents and suicide attempts, so the effects are known.
Smith was convicted in the 1988 murder-for-hire slaying of Elizabeth Sennett in Alabama’s Colbert County.
Prosecutors said Smith was one of two men who were each paid $1,000 to kill Sennett on behalf of her husband who was deeply in debt and wanted to collect on insurance. The other man convicted in the killing was executed in 2010. Charles Sennett, the victim’s husband and a Church of Christ pastor, killed himself when the investigation began to focus on him as a possible suspect, according to court documents.
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Live match blog – India vs Australia Final 2023/24 – Cricket Insights

Australia need 241! That’s the same total England and New Zealand made in the 2019 final.
The key to bowling on a slow pitch is to keep to your discipline and limit the damage. Australia chose to bowl knowing the margin of error was less than zero. They came face to face with that when Rohit Sharma was going bonkers at the start. And they survived it because their fielding has been unreal.
Travis Head pulled off a catch that may well rival the one Kapil Dev took in 1983.
India went 97 balls without a boundary; they managed just four since the end of the 10th over. They thought they were consolidating. But in came Pat Cummins, dismissing Virat Kohli. He is the first fast bowler to complete his full 10 overs in this World Cup and not concede a boundary. Later Mitchell Starc found reverse swing. In the knockouts he’s taken six wickets at an average of 14.
Adam Zampa saw the pitch being slow and he too took pace off, going down to 84 kph once. He gave away just one four in his 10 overs. Australia sized up the conditions and responded to them perfectly.
Head and David Warner and Cummins and Zampa were saving boundaries all over the place. The field placements were excellent too. They had an offside sweeper out for Rohit because they guessed he would try to hit them off their lines and lengths by making room to the leg side. They had deep third man very fine to Suryakumar Yadav because his V is behind the wicket, not in front, and along with that gave him no pace to play his ramps and scoops.
This game, if they win it, and there’s still a long way to go, especially if there’s no dew, was made back in the drawing board.
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Tim Henman suggests Carlos Alcaraz is the greatest of all-time in one key area

We may be a little too early to suggest Carlos Alcaraz could get into the discussion over who is the greatest male player of all time, but the Spaniad is certainly excelling in one key area.
Having lost his opening match to Alexander Zverev, Alcaraz knew only victory over previously unbeaten Medvedev would be enough to qualify for the semi-finals.
He achieved the feat in style, wrapping up a 6-4 6-4 victory to join the Russian in the last four on his debut in Turin.
Alcaraz’s superior sets record means he tops the group and will face Djokovic in a rematch of their unforgettable Wimbledon final, while Medvedev meets fourth seed Jannik Sinner, the only player yet to lose a match.
It was an impressive performance from Alcaraz after he lost his first match of the event against Alexander Zverev, as he continued an alarming slump in form that started with a defeat against Medvedev at the US Open.
Now the 20-year-old Spaniard is roaring back to his best, with his win against Andrey Rublev backed up by a victory against his great friend Medvedev.
During his commentary stint on the Alcaraz vs Medvedev match, former British No 1 Henman suggested the young Spaniard has separated himself from the greatest players the game has ever seen with his movement on the court.
A win that meant everything 💪@carlosalcaraz #NittoATPFinals pic.twitter.com/88sOmuQaoe
— Tennis TV (@TennisTV) November 17, 2023
“Is he the best mover to have ever played the game?” asked Henman.
“There have been some phenomenal movers, but from where I am sitting, I haven’t seen many quicker.
“We have had some great movers in the sport, but Alcaraz is right up there.
“There have been plenty of great movers in tennis, but his flexibility and control at the end of it is exceptional. His movement is just phenomenal.”
Novak Djokovic fans will argue their man has redefined how to move on a tennis court in the modern era, with his ability to slide on hard courts and contort his body into unnatural positions a skill that has helped him dominate the men’s game.
Roger Federer was also a divine mover when he was at his best, with his graceful presence on the court giving the impression that he was moving through the gears with relentless ease.
Rafael Nadal has also been a remarkable mover, with his dominance on clay courts helped by his sliding ability that has taken the sport on that surface to a while new level.
Now Henman may have started the ball rolling on a movement debate that will have no definitive answer, with Alcaraz admitting his movement was a big issue as he tried to find his feet on grass this summer.
The young Spaniard struggled on the surface in his first match at The Queen’s Club tournament in June, but quickly master the art of moving on grass as he lifted the trophy at that event and then went on to win Wimbledon.
“The most difficult part is to move well on grass,” said Alcaraz. “You need to be more careful than other surfaces, so for me to move on grass is the most difficult.
“The most comfortable (thing) is going to the net and playing aggressively all the time. For me it is similar to other surfaces with my style. Playing that style is comfortable and I like it.
“There are a lot of players who slice on grass. I am not one of them, so I have to think about the movement. I have to be focused on every movement and shot. For me it is more tiring when you are moving on grass. It is totally different, so you have to be really specific.”
Alcaraz’s youthful body allows him to be dynamic on court and that helps his movement, with the genius he can display on court helped by his ability to get to the ball quicker than his rivals.
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