CLEVELAND, March 16 (Reuters) - The Ohio Supreme Court ruled on Wednesday that the state could again try to execute convicted killer Romell Broom after failing to do so seven years ago.
In a 4-3 ruling written by Justice Judith Lanzinger, the court said the state would not violate the U.S. Constitution's ban on cruel and unusual punishment or double jeopardy by executing Broom, a Cleveland man sentenced to death for murdering 14-year-old Tryna Middleton in 1984.
If Broom is put to death, he would be the first person on which a second execution has been attempted in the United States since the U.S. Supreme Court reinstated capital punishment in 1976, according to the Death Penalty Information Center.
RELATED GALLERY: Notable death penalty executions and people on death row
Notable death penalty executions and people on death row
Court: Ohio can again try to execute man after failed attempt
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(AP Photo/Peter Cosgrove)
Charles Starkweather, a spree killer responsible for eleven murders, was executed in Nebraska on June 25, 1959.
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Timothy McVeigh, responsble for the Oklahoma City bombing, was executed in Indiana on June 11, 2001.
Thomas Provenzano, a convicted murderer responsible for shooting three people, was executed in Florida on June 21, 2000.
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Gary Gilmore, responsible for the shooting deaths of two men, was executed in Utah on January 17, 1977.
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Teresa Lewis, convicted of murdering her husband and stepson, was executed in Virginia on September 23, 2010.
(AP Photo/Va Dept of Corrections)
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Nidal Malik Hasan, responsible for Ford Hood shooting, was sentenced to death on August 28, 2013.
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Joseph E. Duncan III, a convicted murderer and sex offender, was sentenced to death on August 27, 2008.
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Death row prisoner Coy Wayne Wesbrook is photographed Wednesday, Feb. 3, 2016, at the Texas Department of Criminal Justice Polunsky Unit outside Livingston, Texas. Wesbrook, 58, is set for lethal injection March 9, 2016, for the November 1997 fatal shootings of his ex-wife and another man at her apartment in Channelview, just east of Houston. They were among five people killed during the shooting rampage. (AP Photo/Michael Graczyk)
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Ohio's execution of Broom in 2009 was called off after two hours when officials failed 18 times to attach intravenous needles to administer the chemicals used in the process.
Broom's lawyers appealed, saying a second attempt violated the 8th Amendment's cruel and unusual punishment statute and the 5th Amendment's right against double jeopardy.
"There is no question that lethal drugs did not enter Broom's body. The execution attempt was halted after preparations to establish a viable IV line were unsuccessful."
Justice Judith Lanzinger
In April 2011, a Cuyahoga County court found that repeated needle sticks were "unpleasant" but not in violation of Broom's constitutional rights. Broom then appealed to the Ohio Supreme Court.
Lanzinger agreed with the lower court. "There is no question that lethal drugs did not enter Broom's body," she wrote. "The execution attempt was halted after preparations to establish a viable IV line were unsuccessful."
In a dissenting opinion, Justice Judith L. French asked: "If the state cannot explain why the Broom execution went wrong, then the state cannot guarantee that the outcome would be different the next time."
Ohio in 2015 delayed all scheduled executions until 2017 due to the difficulty obtaining the drugs necessary to carry out lethal injections. One of 31 U.S. states with the death penalty, it has not executed an inmate since January 2014 and had planned 11 executions in 2016.
Ohio has put 53 inmates to death since 1999, when it carried out its first execution since 1976. There are 139 inmates on the state's death row, according to prison officials. (Reporting by Kim Palmer, Editing by Ben Klayman, G Crosse and Lisa Von Ahn)