Alabama executions are carried out at the William C. Holman Correctional Facility in Atmore under one of three methods authorized by state law: lethal injection, nitrogen hypoxia, or electrocution.1Alabama Legislature. Alabama Code 15-18-82 – When, Where, and by Whom About 155 people remain on the state’s death row as of late 2025. Getting from a death sentence to an execution date runs through years of state and federal appeals, a warrant issued by the Alabama Supreme Court, and a time frame set by the governor.
Where Things Stand Now
Alabama has become the country’s most active user of nitrogen hypoxia. The state introduced the method in January 2024 with the execution of Kenneth Smith, the first person in American history put to death by nitrogen gas. Witnesses reported that Smith appeared conscious for several minutes after the gas began flowing, and that he shook and writhed for at least four minutes before becoming still. The Department of Corrections Commissioner said the gas flowed for roughly 15 minutes, and Smith was pronounced dead about 32 minutes after the execution chamber curtain opened.
Multiple nitrogen executions have followed. The most recent was Anthony Boyd, put to death on October 23, 2025, for the 1993 kidnapping and murder of Gregory Huguley.2Supreme Court of the United States. Anthony Boyd v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. Boyd’s conviction had rested entirely on eyewitness testimony with no physical evidence tying him to the crime. Hours before his scheduled execution, the U.S. Supreme Court denied his emergency application for a stay, which had argued that nitrogen hypoxia violates the Eighth Amendment.
Three justices dissented. Justice Sotomayor, joined by Justices Kagan and Jackson, wrote that the Court was ignoring evidence of “torturous suffocation lasting up to four minutes” and said Boyd should have been allowed to pursue execution by firing squad, a method they described as causing death in seconds rather than minutes.2Supreme Court of the United States. Anthony Boyd v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al.
The Three Authorized Methods
Lethal injection is the default. An inmate who does not affirmatively choose an alternative will be executed by lethal injection.3Alabama Legislature. Alabama Code 15-18-82.1 – Methods of Execution; Election of Method; Constitutionality Alabama’s protocol uses a three-drug sequence: midazolam as a sedative, rocuronium bromide as a paralytic, and potassium chloride to stop the heart.
Nitrogen hypoxia became a second option after the legislature authorized it in 2018. Death row inmates were given a 30-day window to elect it in place of lethal injection. The protocol involves fitting a mask over the condemned person’s face and replacing breathable air with pure nitrogen gas. Much of the written protocol remains redacted in publicly released versions, which critics say shields the method from meaningful scrutiny.
Electrocution is still on the books as a third option, but an inmate must affirmatively elect it.3Alabama Legislature. Alabama Code 15-18-82.1 – Methods of Execution; Election of Method; Constitutionality Alabama last used the electric chair in 2002, and no one has chosen it since.
The statute also sets fallback rules. If lethal injection is declared unconstitutional or becomes unavailable, the default shifts to nitrogen hypoxia. If electrocution or nitrogen hypoxia is declared unconstitutional, the fallback reverts to lethal injection.1Alabama Legislature. Alabama Code 15-18-82 – When, Where, and by Whom
How a Death Sentence Reaches an Execution Date
A death sentence in Alabama moves through three tiers of review before an execution can be scheduled. The process typically takes years, and often decades.
Direct Appeal
Every death sentence triggers an automatic appeal to the Alabama Court of Criminal Appeals, which reviews the trial record for errors in the conviction, the sentence, or both. If that court affirms, the defendant can ask the Alabama Supreme Court to hear the case, though acceptance is discretionary. A further petition to the U.S. Supreme Court is available but also discretionary.4Alabama Attorney General. Alabama Death Penalty Appeals Process
State Post-Conviction Under Rule 32
After the direct appeal, the defendant can file a post-conviction petition under Rule 32 of the Alabama Rules of Criminal Procedure. This is where claims like ineffective assistance of counsel come in. Issues already raised on direct appeal cannot be re-argued; Rule 32 addresses problems that were not or could not have been part of the original trial record. Only one Rule 32 petition is allowed.4Alabama Attorney General. Alabama Death Penalty Appeals Process
Federal Habeas Corpus
Once state remedies are exhausted, the inmate can file a federal habeas petition in U.S. District Court, arguing that the conviction or sentence violated federal constitutional rights. Denials can be taken to the U.S. Court of Appeals for the Eleventh Circuit and ultimately to the U.S. Supreme Court.4Alabama Attorney General. Alabama Death Penalty Appeals Process Eighth Amendment challenges to execution methods, including the current nitrogen hypoxia claims, typically arise at this stage.
Warrant and Time Frame
When appeals are exhausted, the Alabama Supreme Court enters an order authorizing the Department of Corrections Commissioner to carry out the sentence. The governor then sets a time frame for the execution, which cannot begin fewer than 30 days from the date of the court’s order. The condemned person is transferred to Holman if not already housed there, and the warden or a designated deputy serves as the executioner.1Alabama Legislature. Alabama Code 15-18-82 – When, Where, and by Whom
When Executions Get Halted
Executions stop for one of two reasons: a court issues a stay, or the Department of Corrections runs into an operational failure. The most common scenario is a stay from the U.S. Supreme Court, which temporarily blocks the execution while the Court considers the underlying petition. That stay holds until the Court issues a further order.
If a stay expires or the state cannot carry out the execution within the governor’s time frame, the process resets. The state must return to the Alabama Supreme Court and request a new warrant with a new time frame. This happened repeatedly in 2022. Kenneth Smith’s first lethal injection attempt was called off because the execution team could not establish intravenous access, and he was eventually put to death by nitrogen hypoxia in January 2024, more than a year later.
Clemency
The governor holds exclusive authority over clemency in capital cases. Under Section 124 of the Alabama Constitution, the governor may grant reprieves, commutations, and pardons after conviction, except in impeachment cases.5Justia. Alabama Constitution – Section 124 A reprieve temporarily delays an execution. A commutation permanently reduces the death sentence, usually to life imprisonment without parole.
The Alabama Bureau of Pardons and Paroles, despite its name, plays no role in capital clemency. Its authority reaches only pardons and paroles in non-capital cases. No death row inmate in Alabama has received clemency from the Board, and governors have historically exercised commutation power in capital cases with extreme rarity.5Justia. Alabama Constitution – Section 124
Where the Nitrogen Hypoxia Fight Stands
Nitrogen hypoxia is the most legally contested execution method in the country. Every Alabama execution using nitrogen gas has generated litigation, and the constitutional questions remain open.
The controlling standard comes from the Supreme Court’s 2019 decision in Bucklew v. Precythe. An inmate challenging an execution method must identify a “feasible and readily implemented alternative” that would “significantly reduce a substantial risk of severe pain,” and must show the state refused to adopt it without a legitimate reason.6Supreme Court of the United States. Bucklew v. Precythe That is a high bar. It requires proof not just that the current method causes serious pain, but that a better option exists and the state has no good reason to reject it.
In Boyd’s case, the defense proposed firing squad as the less painful alternative. The dissenting justices found that argument compelling, pointing out that a firing squad causes death in seconds while nitrogen hypoxia witnesses have consistently reported minutes of visible consciousness and physical struggle.2Supreme Court of the United States. Anthony Boyd v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al. The majority denied the stay without a written opinion, leaving the method’s legal status unresolved at the Supreme Court level. Future cases will almost certainly press the same arguments, and the result could shift if the Court agrees to hear one on the merits rather than on an emergency application.
Who Can Be Present
Alabama law restricts attendance at executions to a specific list of people. The statute permits the executioner and any assistants, the Commissioner of Corrections or a representative, two physicians including the prison physician, the condemned person’s spiritual advisor along with the Holman chaplain, reporters admitted at the warden’s discretion, up to six friends or family members the condemned person requests, and up to eight immediate family members of the victim over age 19, with non-immediate family members filling any remaining spots if fewer than eight immediate family members exist. No other inmates may attend.7Alabama Legislature. Alabama Code 15-18-83 – Persons Who May Be Present at Execution