Despite the fact that Smith had a motion to stay his execution pending before the U.S. Court of Appeals for the Eleventh Circuit, at 7:45 p.m. on November 17, 2022, a lawyer for the Alabama Department of Corrections emailed Smith’s lawyers to let them know they were preparing him for execution.[13] Smith spoke with his wife, and at 7:57 p.m. prison guards ended his phone call with her.[13] Smith was handcuffed and shackled and taken to the execution chamber.[13] Two minutes later, at 7:59 p.m. the Eleventh Circuit issued a stay of execution, which Smith’s lawyers immediately provided to the Alabama Department of Corrections.[13]

The Department of Corrections replied that they had received notice of the stay, but did not inform Smith or allow him to speak with his lawyers, instead keeping him strapped to a gurney in the execution chamber.[13] At 10:00 p.m. the execution team entered and attempted to place an IV into Smith’s arm. At approximately 10:20 p.m. the United States Supreme Court lifted the Eleventh Circuit’s stay of execution. Smith told a member of the execution team that they were inserting the needle into his muscle, but the team member told him that was not true.[13] The team then moved Smith into an inverted crucifixion position and left the room, returning after a few minutes to inject him with an unknown substance, despite Smith’s objection.[13] Another individual began repeatedly stabbing Smith’s collarbone with a needle, attempting to place a central IV line.[13] The results were unsuccessful and at approximately 11:20 p.m. Smith’s execution was called off.[13] Smith was unable to walk or lift his arms on his own, and was sweating and hyperventilating.[13] This marked the third consecutive botched execution by the state of Alabama.[13]