cruel and unusual punishment? the failure to find a vein is unusual, but unintentional. It’s not cruel, it’s not as if he were in prolonged agony and didn’t die, the execution was halted when needles could not be properly inserted.
double jeopardy? No, he’s not being tried again.
Could be intentional on the part of the inmate.
For him to succeed here would encourage others facing the same, to not drink water for 24 hours, making it very difficult to find a vein.