News Roundup

Published for NC Criminal Law on January 26, 2024.

Yesterday, Alabama became the first state in the nation to execute a prisoner using nitrogen hypoxia. The AP reports here that “Kenneth Eugene Smith, 58, was pronounced dead at 8:25 p.m. . . . after breathing pure nitrogen gas through a face mask to cause oxygen deprivation.” Smith was sentenced to death three decades ago for his role in a contract killing. Alabama attempted to execute him by lethal injection in 2022, but the attempt failed when authorities were unable to attach an IV to his veins. The Supreme Court declined to block the nitrogen gas execution earlier this week, over a dissent from three liberal Justices. The linked story contains some details of the execution. Keep reading for more news. Oregon reversing course on decriminalization? The AP has this story, reporting that “Democratic lawmakers in Oregon [have] unveiled a sweeping new bill that would undo a key part of the state’s first-in-the-nation drug decriminalization law, a recognition that public opinion has soured on the measure amid rampant public drug use during the fentanyl crisis.” Specifically, “[t]he bill would recriminalize the possession of small amounts of drugs as a low-level misdemeanor, enabling police to confiscate them and crack down on their use on sidewalks and in parks.” Not everyone is ready to back away from decriminalization, with some arguing that the approach needs more time and better funding for treatment and support services. “Gas station heroin.” That’s what some are calling tianeptine, a substance sold at convenience stores as a dietary [...]