On Monday, the U.S. Supreme Court rejected Ohio death row inmate Romell Broom’s appeal to stop a second execution attempt after Broom survived a first attempt, reported the Associated Press. Broom, a convicted murderer, is the second inmate in U.S. history to have survived an execution attempt.

Broom lost the appeal in a 6-2 ruling. The 60-year-old inmate’s argument against a second execution attempt was that it would be cruel and unusual punishment and double jeopardy. In a 5-4 ruling, the Supreme Court voted to allow a second execution. In 2009 Broom’s execution via lethal injection was stopped after two hours by then-Gov. Ted Strickland after Broom was stuck with at least 18 needles in search of a vein. One hour into the execution, the Department of Rehabilitation and Correction called a part-time prison doctor lacking in experience and execution training to assist the execution to no avail.

Broom’s state appeal was first rejected by the Ohio Supreme Court earlier this year when prosecutors said double jeopardy wasn’t an argument because the lethal drugs never entered Broom. Broom was sentenced to death for the 1984 rape and murder of 14-year-old Tryna Middleton, who he abducted in Cleveland.

Supreme Court Justices Stephen Breyer and Elena Kagan said they supported Broom’s appeal, adding that the 2009 failed attempt happened under "especially cruel and unusual circumstances."

Broom has been on death row since the attempt, with no new date set for execution.