By Lawrence Hurley -
NBC News
The Supreme Court on Wednesday rejected the last-minute petition of an Alabama death row inmate who asked to stay his execution, bringing him one step closer to dying through the use of a method never before tried in the United States: nitrogen gas.
Kenneth Smith, who was sentenced to death for the murder of Elizabeth Sennett in 1988, opposed being executed by nitrogen hypoxia on the grounds that there is a chance the procedure could go wrong and be painful.
The man also alleged through his lawyers that this execution with nitrogen gas would violate his right to be free from cruel and unusual punishment under the Eighth Amendment of the Constitution.
His execution
is scheduled for Thursday.
Smith has another lawsuit pending in federal court that could result in a stay of execution.
The Supreme Court's brief ruling simply stated that Smith's request had been denied.
No judge issued an opinion.
Kenneth Smith was sentenced to death for the murder of Elizabeth Sennett in 1988.AP