COLUMBUS, Ohio AP – A day after Ohio became the first state in the country to use a single drug in a lethal injection, the condemned killer whose botched September execution prompted the change from a three-drug method returns to court to argue that another try to put him to death would be unconstitutional.

A federal judge was to hear arguments beginning Wednesday on whether the state, having bungled inmate Romell Broom’s execution Sept. 15, should be prevented on constitutional grounds from a second attempt.