re: Alabama Plans Second “Execution” of Kenny Smith by Experimental Method

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What is the legality of trying (and failing) to execute someone

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There’s a Louisiana case on-point. Back when the electric chair was carried around the state for executions. State had a drunk dude set it up, they strapped the guy in, but it wouldn’t kill him. They turned it off, and he filed writs to the USSC. Argument was that the sentence was one killing, not multiple. Writs were denied, and they tried again a few days later. Era was 1940s IIRC. Convicted man was likely innocent. I have a book about it in my office—can’t remember his name offhand.