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Alabama Sets Late-October Execution for Anthony Boyd Using Nitrogen Gas

A federal judge will hear Boyd's challenge to nitrogen hypoxia on Sept. 4.

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Overview

  • Gov. Kay Ivey set an Oct. 23–24 execution window, and her office confirmed nitrogen hypoxia will be used.
  • Boyd’s federal lawsuit argues the method is unconstitutionally cruel, cites his asthma and a heavily redacted protocol, and says prior nitrogen executions showed signs of conscious suffocation.
  • To meet the court’s requirement to propose alternatives, he suggests a firing squad, hanging, or medical aid-in-dying.
  • The state notes Boyd elected nitrogen in 2018 and argues the method leads to quick unconsciousness, calling reported movements resistance or involuntary.
  • Alabama has carried out five nitrogen executions, another is scheduled in September, and Ivey has said she does not plan to grant clemency.