Skip to main content

USA | Amy Coney Barrett and Brett Kavanaugh May Have Caused Alabama to Rethink Its Death Penalty Protocol

Alabama is changing its lethal injection protocol and will now allow an inmate to have a spiritual advisor in the execution chamber when he or she dies. The state filed pleadings Thursday in the case of death-row inmate Willie B. Smith III. As Alabama explained:

At the time of the complaint, this was Defendant’s position, based upon security concerns. In light of the Supreme Court’s decision in this matter, however, Defendant is in the process of amending the ADOC’s lethal injection protocol to permit a condemned inmate to have his spiritual advisor in the execution chamber.

The change comes just weeks after the U.S. Supreme Court handed down a shadow docket ruling in Smith’s favor; the Court’s order canceled Smith’s execution on the grounds that Alabama’s refusal to allow a spiritual advisor in the execution chamber was a violation of Smith’s religious rights.

When the ruling was issued, Justice Elena Kagan penned a short concurrence saying, “Alabama has not carried its burden of showing that the exclusion of all clergy members from the execution chamber is necessary to ensure prison security. So the State cannot now execute Smith without his pastor present, to ease what Smith calls the ‘transition between the worlds of the living and the dead.’”

The breakdown of the Court’s ruling included both questions and surprises. Seven of the nine justices disclosed their votes. Justices Elena Kagan, Stephen Breyer, Sonia Sotomayor and Amy Coney Barrett voted to stay Smith’s execution. Chief Justice John Roberts and Justices Brett Kavanaugh and Clarence Thomas dissented. Justices Samuel Alito and Neil Gorsuch were silent, which means at least one of them, but perhaps both, sided with the Court’s majority.

None of the Barrett/Gorusch/Alito trio could reasonably be considered a swing vote; therefore, their joining with the Court’s liberal wing on a death penalty case was anything but predictable. Controversially-confirmed conservative heroine Barrett would have been a far likelier fourth in a Roberts-Kavanaugh-Thomas dissent. Furthermore, Smith’s appeal came as part of a string of federal executions following the Trump administration’s end of the moratorium on federal executions, in which votes fell largely along predictable liberal/conservative lines. However, the case involves the exercise of religion, and both Barrett and Kavanaugh have long prioritized religious freedom over competing rights.

In her scathing dissent in the death-penalty appeal of Dustin Higgs, Justice Sotomayor intoned the names of those executed by the federal government as Donald Trump spent his final days in office:

“Daniel Lee, Wesley Purkey, Dustin Honken, Lezmond Mitchell, Keith Nelson, William LeCroy Jr., Christopher Vialva, Orlando Hall, Brandon Bernard, Alfred Bourgeois, Lisa Montgomery, and, just last night, Corey Johnson. Today, Dustin Higgs will become the thirteenth. To put that in historical context, the Federal Government will have executed more than 3 times as many people in the last 6 months than it had in the previous 6 decades.”

It is the advice of Justice Kavanaugh, though, that the Yellowhammer State seems to have heeded. In his dissent in the Smith case, Kavanaugh advised, “it seems apparent that States that want to avoid months or years of litigation delays because of this [legal issue] should figure out a way to allow spiritual advisors into the execution room, as other States and the Federal Government have done. Doing so not only would satisfy inmates’ requests, but also would avoid still further delays and bring long overdue closure for victims’ families.”

The Alabama Attorney General’s office did not immediately respond to request for comment.

Source: lawandcrime.com, Staff, February 27, 2021


🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

South Korea ferry disaster: Surviving passengers of Sewol tragedy give evidence in court

Surviving passengers of a South Korean ferry which sunk in April, killing 304 people, are due to give evidence in the trial of its captain and 14 crew members. Students from the Danwon High School in Ansan, 18 miles south of Seoul, will testify with other passengers in a smaller court nearer to their home, rather than the one where the defendants are being seen in Gwangju, in the south of the country. The Sewol ferry set sail on 16 April with 476 passengers and crew on board - more than 300 of which were schoolchildren. They were enroute from the mainland to the island resort of Jeju as part of a school trip, when nearing the end of the journey, the vessel, which was overloaded, also made a sharp turn to the right causing it to capsize. Captain Lee Joon-seok, 68, was caught on rescue footage being one of the first to leave the ship, while many passengers, obeying orders, remained in the cabins. It is thought a delayed evacuation order from the captain did n...

Tennessee | Questions Raised About the Doctor Who Was Overseeing Tony Caruthers’ Execution

Mark Fowler, according to a deposition, had not placed a central line in a patient for more than a decade when he attempted to put one in Carruthers Around 11 a.m. Thursday morning in the execution chamber at Riverbend Maximum Security Institution in Nashville, a medical doctor stepped in and attempted to place a central IV line in Tony Carruthers’ chest. By that point, the prison staff had spent some 30 minutes trying unsuccessfully to insert a backup IV line that would allow them to proceed with the lethal injection. According to Carruthers’ attorney Maria DeLiberato, who was in the room, after asking a staff member to attempt inserting a line through Carruthers’ jugular vein, the doctor moved on to the central line, which is identified as the last resort in Tennessee’s lethal injection protocol .

Florida: The Daily Routine of Death Row Inmates

The breakfast carts rattle through the concrete prison at about 5:30 am and as they approach Death Row the first sounds of morning repeat the last sounds of night - remote controlled locks clanging open and clunking closed, electric gates whirring, heavy metal doors crashing shut, voices wailing, klaxons blaring. A maximum security prison has no soft or delicate sounds. At the end of each corridor of death row cells a guard opens a heavy door of steel bars and a prison trusty pushes a breakfast cart inside. The door closes behind him and when it locks a second door opens and admits the trusty to the wing. He steers his cart along the wing stopping at each cell to pass a tray of powdered eggs and lukewarm grits through a small slot on the bars. Food is prepared by prison staff and transported in insulated carts to the cells. The food carts are full of cockroaches, the food is often undercooked or just rotten and is served on Styrofoam plates with a plastic "spork" - fork/spoon...

Arizona executes Leroy McGill

Arizona executes inmate who set couple on fire in 'horrific attack' Arizona has executed Leroy McGill for setting 21-year-old Charles Perez and his 24-year-old girlfriend on fire. Perez died the next day and Perez survived with severe burn injuries.  Arizona has executed a death row inmate for setting 2 people on fire more than 20 years ago, killing 1 of them and changing the other's life forever.  The state executed Leroy McGill, 63, by lethal injection on Wednesday, May 20, for the 2002 murder of 21-year-old Charles Perez. McGill set Perez and his girlfriend on fire after they accused him of theft, court records say. Perez died of his injuries the next day while his girlfriend survived with severe burns. 

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Tennessee fails to execute Tony Carruthers after IV difficulties. State won't try again for a year

NASHVILLE, Tenn. (AP) — Tennessee officials on Thursday called off the lethal injection of Tony Carruthers, who was convicted of kidnapping and murdering three people in 1994, after his executioners tried and failed for over an hour to establish an intravenous line. Gov. Bill Lee announced soon afterward that the state would not try again for at least a year. In a written statement, the Tennessee Department of Corrections said medical personnel had quickly established a primary IV line but were unable to find a suitable vein for a backup line as required by the state’s execution protocol. Efforts to insert a central line also failed, and officials called off the execution.

EU GSP+ Reform: Will Brussels Finally Enforce Its Own Conditions on Pakistan?

The EU has tightened the rules governing GSP+ trade preferences, but Pakistan’s record raises a harder question: whether Brussels is prepared to suspend market access when a major beneficiary fails to demonstrate sustained compliance with human rights, labour and governance obligations. The European Union has formally adopted revised rules for its Generalised Scheme of Preferences, strengthening the conditions attached to preferential market access for developing countries. The new framework will apply from 1 January 2027 and is intended to tighten monitoring, widen the list of international conventions, and make suspension of benefits easier in cases of serious violations.

Former Oklahoma death row inmate Richard Glossip goes free on $500k bond

Richard Glossip was released from jail Thursday, May 14, on a $500,000 bond, a major victory for the former death row inmate who has come so close to execution that he has had three last meals. Glossip, 63, is awaiting his third trial in his 1997 murder-for-hire case. He walked out the front door of the Oklahoma County jail, holding hands with his wife, Lea Glossip, as a stiff Oklahoma breeze whipped his hair. "I'm just thankful for my wife and my attorneys," he told reporters. "I'm just happy." His release came hours after Oklahoma County District Judge Natalie Mai set bail in a 13-page order that pointed to issues with the key witness against him.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

Florida executes Richard Knight

Man convicted of killing a woman and her 4-year-old daughter is executed in Florida  A Florida man convicted of fatally stabbing his cousin’s girlfriend and the couple’s 4-year-old daughter was put to death Thursday evening, becoming the 7th person executed by the state this year.  Richard Knight, 47, was pronounced dead at 6:13 p.m. following a 3-drug injection at Florida State Prison near Starke. Knight was convicted of 2 counts of 1st-degree murder in the June 2002 killings of Odessia Stephens and her daughter, Hanessia Mullings.  The curtain of the death chamber went up promptly at the scheduled 6:00 p.m. execution time. Knight was already strapped down with his arms extended and an IV line in place.