FILE - Alabama Attorney General Steve Marshall speaks with members of the media outside the Supreme Court on Capitol Hill in Washington, Tuesday, Oct. 4, 2022. The Alabama attorney general’s office on Friday, Aug. 25, 2023 asked the state Supreme Court to set an execution date for death row inmate Kenneth Eugene Smith, 58. The court filing indicated Alabama plans to put him to death by nitrogen hypoxia, an execution method that is authorized in three states but has never been used. (AP Photo/Patrick Semansky, File)