Skip to main content

What's next for Alabama death row inmate Vernon Madison after execution was stayed?

More than 2 hours after Vernon Madison was scheduled to be put to death Thursday by the state of Alabama, the U.S. Supreme Court issued a ruling upholding a lower court's stay of execution.

Madison's attorneys from the Montgomery-based nonprofit Equal Justice Initiative had been seeking a stay from state and federal courts since the execution date was set in March.

For weeks, their requests had been denied until a federal appellate court granted their petition less than eight hours before Madison was to be put to death.

Madison, one of Alabama's longest-serving death row inmates, was convicted in the April 1985 slaying of Mobile police Cpl. Julius Schulte.

His was convicted and sentenced to death in both 1985 and 1990, but both times an appellate court sent the case back, 1st for a violation involving race-based jury selection and then based on improper testimony from an expert witness for the prosecution.

In 1994, he was tried for a 3rd and final time and convicted. The jury recommended a life sentence, but the judge overrode the recommendation and sentenced him to death.

This week - 31 years after his arrest - officials with the Alabama Department of Corrections had everything in place for Madison's execution to go forward.

He had been moved into an isolation cell near the execution site 48 hours before it was set to take place, per ADOC protocol. He was kept abreast of Thursday's developments throughout the day, and 2 guards remained with him at all times.

After the stay of execution was upheld, he remained in the isolation cell overnight before being moved back into his death row cell Friday.

So what happens next, now that Madison has returned to death row yet again?

The appeal that prompted the stay

Madison has claimed that he is mentally incompetent to be executed.

On Wednesday, EJI attorneys filed a petition for a stay and a request for oral argument before the 11th Circuit Court of Appeals. The appellate court granted that request Thursday morning.

The attorney general's office sought to overturn the decision by filing a petition before the U.S. Supreme Court. They argued that the appellate court read into the state court order legal conclusions that do not exist and that the issue of Madison's competency had been "clearly and plainly foreclosed."

In their response, EJI attorneys asked the Supreme Court to deny the request and leave the stay in place, saying Madison's competency claim has not been reviewed on appeal in either state or federal court.

In a 4-4 decision released at 8:22 p.m. Thursday, the Supreme Court denied the request to vacate the stay of execution. The Attorney General's Office declined to comment.

"We are relieved that important questions surrounding the propriety and constitutionality of Mr. Madison's execution will be reviewed," EJI founder and executive director Bryan Stevenson said Thursday night.

The case will now be taken up before the 11th Circuit Court of Appeals.

Madison's attorneys must file briefs by May 27, and the attorney general's office must respond by June 10. Madison's attorneys then will have until June 17 to file a reply.

Oral argument will take place in Atlanta on June 23, with each side allowed 30 minutes.

An alternative appeal cites judicial override

In January, the U.S. Supreme Court ruled in Hurst v. Florida that Florida's scheme allowing judges to override a jury's sentencing recommendation in death penalty cases was unconstitutional.

Alabama has a similar sentencing scheme, though the attorney general's office has noted that it was upheld by the U.S. Supreme Court in 1995.

In another ruling issued May 2, the U.S. Supreme Court granted review of the case of Alabama Death Row inmate Bart Johnson. It was the 1st Alabama case challenging the state's capital murder sentencing scheme to be reviewed by the U.S. Supreme Court since Hurst was decided.

Madison's attorneys argue that the 2 rulings have "raised fundamental questions about the constitutionality of the use of judicial override in Alabama."

This week, they asked the Alabama Supreme Court to grant a stay so that Madison could litigate his challenge to the state's death penalty sentencing scheme and judicial override system. In an order issued Wednesday, the court unanimously denied the request.

On Thursday they appealed that decision to the U.S. Supreme Court, filing a motion for a stay of execution based on the constitutionality of judicial override.

"Vernon Madison was given a life sentence by a Mobile County jury made up of jurors who believe in the death penalty," Stevenson said. "In most Alabama courtrooms, Mr. Madison would have never been sentenced to death. Judicial override in Alabama should be eliminated."

Future executions in Alabama?

Madison's execution was the only one scheduled in Alabama.

In February, the Attorney General's Office requested that the Alabama Supreme Court set execution dates for Madison and 2 other inmates: Robert Bryant Melson, convicted in Etowah County, and Ronald Bert Smith, convicted in Madison County.

All 3 inmates are currently on death row at Holman Correctional Facility near Atmore.

No other planned execution dates have been released.

John Palombi, Assistant Federal Defender for the Middle District of Alabama, represents Melson and Smith. He told AL.com in March that he had received the motions to set execution dates and planned to respond, also citing issues with the state's death penalty sentencing.

"We believe that these motions are premature in light of the questionable constitutionality of Alabama's death sentencing scheme," he said.

Source: al.com, May 13, 2016

- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Most viewed (Last 7 days)

Saudi Arabia executed 356 people in 2025, highest number on record

Analysts attribute increase to kingdom’s ‘war on drugs’ as authorities kill 356 people by death penalty Saudi authorities executed 356 people in 2025, setting a new record for the number of inmates put to death in the kingdom in a single year. Analysts have largely attributed the increase in executions to Riyadh’s “war on drugs”, with some of those arrested in previous years only now being executed after legal proceedings and convictions. Official data released by the Saudi government said 243 people were executed in drug-related cases in 2025 alone, according to a tally kept by Agence France-Presse.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Iran | Executions in Shiraz, Borazjan, Ahvaz, Isfahan, Ardabil, Rasht, Ghaemshahr, Neishabur

Iran Human Rights (IHRNGO); December 23, 2025: Mahin Rashidi, Abbas Alami, Naser Faraji, Tohid Barzegar and Jamshid Amirfazli, five co-defendants on death row for drug-related offences, were secretly executed in a group hanging in Shiraz Central Prison.  According to information obtained by Iran Human Rights, four men and a woman were hanged in Shiraz (Adel Abad) Central Prison on 17 December 2025. Their identities have been established as Mahin Rashidi, a 39-year-old woman, Abbas Alami, 43, Naser Faraji, 38, Tohid Barzegar, 51, and Jamshid Amirfazli, 45, all Kashan natives.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

USA | Justice Department Encourages New Capital Charges Against Commuted Federal Death Row Prisoners

On Dec. 23, 2024, former President Joseph R. Biden Jr. commuted the sentences of nearly all federal death row prisoners, sparing 37 men from execution. Just 28 days later, on Jan. 20, 2025, newly inaugurated President Donald J. Trump issued an executive order encouraging state and local prosecutors to pursue new charges against those same prisoners, reopening the possibility of capital punishment in state courts.

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".