Kenneth Eugene Smith, a convict on death row in Alabama, is set to be executed using nitrogen gas. This is a first for the United States. What Happened: NBC News reported that the 11th U.S. Circuit Court of Appeals has ruled in favor of the state’s decision, dismissing the argument that the method violates the constitutional ban on cruel and unusual punishment. The execution is scheduled for Thursday, barring any last-minute legal or state intervention. The 11th U.S. Circuit Court of Appeals has given the green light for Alabama to proceed with its plan to carry out the first execution in the …