Story highlights The high court will review Oklahoma's lethal injection procedure

The case stems from the execution of an inmate last year

Oklahoma has defended the procedure

Washington (CNN) The Supreme Court on Friday agreed to take up a case concerning the lethal injection protocol that left an inmate in Oklahoma to die slowly and gasping for breath last year.

The case, which is likely to be heard this term, was brought by inmates who claim the state protocol violates the Constitution's prohibition on cruel and unusual punishment and could open a new chapter in the ongoing battle over the patchwork system of execution procedures in the United States.

"Petitioners are pleased that the Supreme Court will review their case," said Dale Baich, one of the attorneys representing the death row inmates. In a statement, Baich said that the protocol is "not capable of producing a humane execution, even if administered properly. "

An original plaintiff in the case, Charles F. Warner, was put to death last week. Another plaintiff, Richard E. Glossip, is set to die on January 29.

It was just nine months ago that Oklahoma botched the execution of Clayton Lockett using the same protocol.

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