COLUMBUS, Ohio (AP) — A federal judge says an Ohio death row inmate who underwent a botched execution attempt can continue to argue that a second try would be unconstitutionally cruel and unusual punishment.

U.S. District Court Judge Gregory Frost in Columbus on Friday denied a motion by the state to dismiss the challenge against another lethal injection attempt on 54-year-old Romell Broom. Broom's execution last year was stopped by the governor after an execution team tried for two hours to find a suitable vein, hitting bone and muscle with several needle sticks.

Ohio added a backup method after the attempt that would inject drugs directly into muscle if an IV fails.

Frost also says Broom can continue arguing that he should be allowed to communicate with attorneys during any future execution attempt that goes awry.