Ohio death row inmate Romell Broom was rejected an appeal to stop a second execution attempt after the first attempt didn’t work and he survived it. Broom is a convicted murderer. He is also the second inmate in U.S. history to have survived an execution attempt.

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He lost the appeal in a 6-2 ruling. His argument was that a second attempt would be considered cruel and unusual punishment and double jeopardy. The Supreme Court ruled that in a 5-2 ruling to allow the execution. In 2009, Broom’s lethal injection was stopped after two hours by then-Gov. Ted Strickland. Broom was stuck with at least 18 needles in search of a vein. One hour in, the Department of Rehabilitation and Correction called a part-time prison doctor lacking in experience and execution training to assist the execution to no avail. The first time, Broom’s appeal was rejected by the Ohio Supreme Court. They believed that double jeopardy wasn’t an argument because the lethal drugs never entered Broom.

Source: Complex