A federal judge will hold a hearing today in the case of death row inmate Kenneth Eugene Smith, who is asking the court to block his execution by lethal injection, set for Holman Correctional Facility in Atmore on Nov. 17.

Smith was sent to death row in 1996 after his conviction in the murder-for-hire killing of Elizabeth Dorlene Sennett, a 45-year-old grandmother and pastor’s wife who was killed in March 1988 in her home in north Alabama. Her husband paid to have her killed.

Smith filed the lawsuit in August and cited problems Alabama has encountered in carrying out recent executions. In a court filing on Wednesday, Smith’s lawyers included Alan Eugene Miller’s account of his failed execution on Sept. 22, when Miller said he was prodded with needles for about 90 minutes before the state called off his execution. The state blamed the failure on the inability to access a vein as well as a three-hour delay resulting from Miller’s federal court challenge to the procedure. The state has asked the Alabama Supreme Court to set a new execution date for Miller.

Smith’s lawsuit asks the court to halt his execution “to reduce the intolerable risk of torture, cruelty, or substantial pain.” Smith also claims he would have elected to die by nitrogen hypoxia instead of lethal injection if he “had notice and (he had) been informed” of the choice. The state gave death row inmates the option of choosing nitrogen hypoxia during a limited period in 2018. The Legislature authorized the method but no state has ever used it and Alabama has said it is not ready.

Alabama Attorney General Steve Marshall has asked the court to dismiss Smith’s lawsuit. U.S. District Judge R. Austin Huffaker Jr., will hear oral arguments on the state’s motion to dismiss today.

Smith’s lawsuit also cites the July 28 execution of Joe Nathan James Jr. Death penalty opponents have described the James’ execution, which was delayed for several hours, as “botched.”

Dr. Joel Zivot, who examined James’ body during a private autopsy, told AL.com that James suffered from a cutdown, a method of cutting open an arm to access a vein. Zivot said it is an old technique that indicates a certain level of skill and medical training. There has been speculation that James was sedated before the execution because he did not appear to be responsive during the portion of the procedure seen by the media and witnesses.

The state, in a response to Smith’s claims, said James did not undergo an invasive “cutdown” procedure or receive an intramuscular sedative. The attorney general’s said it would stipulate that the state would not use a “cutdown” procedure or intramuscular sedatives during Smith’s execution.

Official records from the James autopsy will be presented to a grand jury before they become available to the public. Alabama conducts autopsies after all executions to certify the official cause of death.

Death penalty opponents have called for the state to allow witnesses and the media to see the entire procedure for executions. Under current procedure, the inmate is strapped to the gurney with the IV connections in place when the viewing period begins.