A condemned Ohio killer is fighting a second attempt by the state to put him to death.

The Ohio Supreme Court is weighing arguments by death row inmate Romell Broom that allowing the state prisons agency to try again to execute him amounts to cruel and unusual punishment and double jeopardy. The court plans to hear arguments Tuesday.

The state stopped Broom's 2009 execution after two hours when executioners failed to find a usable vein following 18 attempts to insert needles.

The 59-year-old Broom is only the second inmate to survive an execution in U.S. history and the only via lethal injection.

The state says lower courts properly determined that any mistakes happened during execution preparations, not the actual procedure.