Romell Broom
Ohio Department of Correction and Rehabilitation via AP

A convicted Ohio murderer who survived a botched 2009 execution is appealing to the U.S. Supreme Court to have a second attempt to put him to death declared unconstitutional, the Associated Press reports.

According to the report, the lawyers of Romell Broom say that another attempt at the death penalty would be cruel and unusual punishment, as well as double jeopardy.

AP notes that in March, the Ohio Supreme Court rejected Broom's argument, with the state arguing that any errors occurred during the preparation for the execution and not with the actual procedure itself.

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Broom's lawyers appealed that ruling earlier in August to the U.S. Supreme Court, filing notice of the appeal on Monday with the state court.

Broom was sentenced to death for the 1984 rape and murder of 14-year-old Tryna Middleton.

As AP notes, back in 2009, Ohio stopped Broom's execution after two hours. Executioners reportedly did not find a usable vein following 18 attempts to insert needles. Broom said he cried and screamed from the excruciating pain.

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According to the report, Broom, now 60, is only the second inmate in the history of the United States to survive an attempted execution, and is the first one to survive one using a lethal injection.

Read more at CBS News