The Alabama Supreme Court has scheduled the state’s second execution of the year for a man convicted of killing his ex-girlfriend after breaking into her home.

Joe Nathan James, Jr., is set for execution on July 28, at the William C. Holman Correctional Facility in Atmore. James, 49, was convicted of murdering his ex-girlfriend, Faith Hall, after breaking into her Birmingham home on Aug. 15, 1994.

James would become the second Alabama inmate put to death this year unless a court intervenes.

James, who had a history of stalking and harassing the woman, showed up at her apartment on Aug. 15, 1994, forced his way inside and accused her of unfaithfulness, court documents show. James pulled a gun out of his waistband and shot the woman multiple times. James was later arrested in California.

A Jefferson County jury convicted James of capital murder in 1996 and voted to recommend the death penalty, which a judge imposed. The conviction was overturned when the Alabama Court of Criminal Appeals ruled that a judge wrongly admitted some police reports into evidence.

James was retried and again sentenced to death in 1999 when jurors rejected defense claims that he was under emotional duress at the time of the shooting. Courts have since rejected appeals by James, including claims that his state-appointed lawyers were ineffective.

In a hand-written appeal filed in federal court on his own behalf in April, James again claimed his lawyers were ineffective and said a judge wrongly admitted evidence and allowed prosecutors to ask improper questions. A judge hasn’t ruled on his petition, records show.

While inmates can choose lethal injection or the electric chair, none have opted for electrocution.

Nitrogen hypoxia, also called nitrogen suffocation, is a controversial form of execution that Alabama authorities are developing a system for.

Alabama became one of only three states to permit execution by nitrogen suffocation but has not yet had the appropriate means to carry it out. The method does not have a structured protocol, but it would involve replacing breathed oxygen with nitrogen, causing the individual to drift asleep and pass away. Some have argued that the method would be more humane, while others have likened it to human experimentation.

Nitrogen hypoxia entered headlines after convicted Alabama murderer Matthew Reeves appealed to the Eleventh Circuit Court of Appeals, asking to select nitrogen hypoxia as his preferred method of execution, in a supposed effort to delay his execution.

The court denied Reeves’ request, and he was put to death in January by lethal injection.

To connect with the author of this story, or to comment, email craig.monger@1819news.com.

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