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As for today, the question of the legitimacy of a second execution of Romell is being litigated in Ohio's courts; the main issue being whether or not a second execution attempt would constitute cruel and unusual punishment and therefore be considered unconstitutional. It is expected that the United States Supreme Court will have the final ruling on the case, this will not happen for another two years.

Ohio's new execution protocol allows the execution team to use intramuscular injection if intravenous access seems problematic. The protocol allows the execution team to inject a substance into any muscle on the body any unlimited number of times until it can be guaranteed that the sentence of death is successfully carried out.