Alabama inmate seeks execution stay from US Supreme Court

Headline Legal News

An Alabama inmate on Friday asked the U.S. Supreme Court to stay his upcoming execution to consider whether a judge should have been able to give him a death sentence when the jury recommended life imprisonment.
 
Ronald Bert Smith is scheduled to be executed by lethal injection next Thursday for the 1994 slaying of Huntsville convenience store clerk Casey Wilson. A jury recommended life imprisonment without parole by a 7-5 vote, but a judge sentenced Smith to death.

"Alabama is the only state that allows a judge to sentence a defendant to death when the jury has recommended a sentence of life," lawyers for Smith wrote in the petition, noting that Florida and Delaware abolished that capability this year.

The petition could put the issue of judicial override before the court.

The U.S. Supreme Court in January struck down Florida's similar sentencing structure because it gave too much power to judges. Justices ruled that "the Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death."

Smith's lawyers argued that Alabama's death penalty structure is also unconstitutional because an Alabama jury can recommend a sentence of life without parole, but a judge can override that recommendation and impose a death sentence.

Related listings

  • Court revives lawsuit against California bullet stamping law

    Court revives lawsuit against California bullet stamping law

    Headline Legal News 12/02/2016

    Gun manufacturers have the right to present evidence supporting their claim that technology does not exist to comply with a California law requiring new models of semi-automatic handguns to stamp identifying information on bullet casings, a state app...

  • China court clears man 21 years after his execution

    China court clears man 21 years after his execution

    Headline Legal News 12/01/2016

    China's supreme court ruled Friday that a young man executed 21 years ago for rape and murder had been innocent, in a case that has drawn attention to problems in the legal system as well as the frequent application of the death penalty. Nie Shubin w...

  • Ohio sheriff accused of drug theft changing not guilty plea

    Ohio sheriff accused of drug theft changing not guilty plea

    Headline Legal News 11/21/2016

    A suspended sheriff in Ohio who has denied stealing prescription drugs and misusing office funds is due in court to change his not guilty plea. Sandusky County Sheriff Kyle Overmyer is scheduled to attend a change of plea hearing Monday in Fremont. O...

Car Accident Lawyers in New Rochelle, New York

If you have gotten in a car accident, it could seriously change your life. Whether the accident was caused by the other party’s fault or a fault of your own, you’ll want to to make sure that you are ready to prepare yourself for any cases that might follow.

Immediately following any type of car accident, it is important to take certain steps to ensure that the courts will treat you with respect and fairly. First, assess your mental and physical condition. Make sure right after the accident, you document any information regarding the accident and situation, it can be of great help later on.

You’ll want to make sure that you seek professional help for any medical conditions you may be experiencing. Do not wait to seek medical attention, you’ll want to make sure that you have documented evidence of the injury that was caused by the accident. The amount of treatment is also taken into consideration in every case.