The Alabama Supreme Court has ruled that the execution of Willie B. Smith III can go forward February 11 with COVID precautions.
The court denied a motion by Smith to delay the execution because of COVID concerns.
The federal district court in Alabama has also denied Smith’s challenge to Alabama’s refusal to allow his spiritual advisor in the execution chamber during his execution.
The court held that the protocol does not significantly infringe on Smith’s right to religion, as he is allowed religious counsel until he is in the execution room.
The court also held that the protocol restrictions are justified given the state interest in ensuring a safe execution.
Smith has appealed that ruling.
Smith, who was sentenced to death by the trial judge after a non-unanimous jury sentencing vote, has presented evidence that he is ineligible for the death penalty because of intellectual disability.
However, the state and federal courts rejected his claim, applying review criteria that the U.S. Supreme Court later struck down as unconstitutional.
Although a federal appeals court agreed that he satisfies the clinical criteria for intellectual disability, it refused to reconsider his intellectual disability claim, ruling the Supreme Court decision had created a new rule of law.
The Supreme Court subsequently declined to review Smith’s case.
Source: Death Penalty Information Center, Staff, February 9, 2021
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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde
but by the punishments that the good have inflicted." -- Oscar Wilde


