Death Penalty News

For a decade, Alabama death row inmate Jeffrey Lee has been clear that he does not want to be executed by lethal injection . But that is what awaits him on September 17 . He faces that prospect because the state has been enjoined from using nitrogen hypoxia , the alternative execution method he preferred, to put him to death. Having failed to show that its nitrogen hypoxia protocol is constitutionally acceptable, Alabama wants a do-over to force Lee to die by lethal injection as a result of its own failure. It should not get one. Alabama should only be able to put Lee to death if it can fix nitrogen hypoxia’s constitutional defects.

Tennessee and Oklahoma have put inmates to death within 30 minutes of each other, and Alabama followed suit hours later as U.S. states executed three men in one day. Tennessee and Oklahoma put inmates to death within 30 minutes of each other Thursday, and Alabama followed suit hours later as U.S. states executed three men by lethal injection in one day for the first time since 2010. The Tennessee man was executed for killing a maid at a motel in 1985, and the Oklahoma man for killing his girlfriend in 2003. In Alabama, a man was put to death Thursday evening for killing a 5-year-old girl he had paid her mother to abuse.

Alabama is preparing to execute Jeremy Williams, who pled guilty to the 2021 rape and murder of five-year-old Kamarie Holland.  The execution is scheduled for Thursday (August 13) at the Holman Correctional Facility in Atmore, Alabama.  Williams, who is 41, requested the death penalty and waived his right to appeal, making this the first execution in Alabama this year.

The number of death sentences handed out by juries has plunged by more than 90% since the 1990s. On July 8, the Death Penalty Information Center, or DPIC, released its midyear update on capital punishment in the United States. Many of the findings were sadly, disturbingly familiar. For example, racial bias still plays a large role in who gets executed, and the Supreme Court continues to allow executions to proceed even when those being put to death have strong claims of innocence. But there was also encouraging news.

Six states have already enacted legislation making child rapists eligible for execution As reports of sex crimes against children continue to rise across the state—including within government schools—Texans are recommending harsher penalties for child sexual predators. Some are ready to consider the harshest penalty for the worst offenders: death. Six states have already enacted laws making child rapists eligible for the death penalty in certain circumstances: Florida, Tennessee, Idaho, Oklahoma, Alabama, and Mississippi.

The group said 25 Alabama death row prisoners remained under sentences imposed through a practice the state abolished in 2017. We The Jury —a new coalition of jurors, judges, attorneys, elected officials, community advocates and activists—is urging Governor Kay Ivey to grant clemency to death row inmates who were sentenced by judicial override, a now-illegal sentencing scheme that allowed judges to override a jury’s life sentence recommendation in favor of the death penalty.

Gov. Kay Ivey announced the execution window for Jeremy Williams Thursday. Williams will be executed during a window from August 13 to 14 by lethal injection. Williams was convicted of kidnapping, raping and killing a 5-year-old Kamarie Holland from Georgia. He was given four death sentences for his crime. Russell County Circuit Court Judge David Johnson handed down the sentence.

SHELBY COUNTY, Ala. (WBRC) - The U.S. Supreme Court on Monday refused to take up an Alabama death-penalty case involving Michael Anthony Powell, leaving in place a state appeals court decision that threw out Powell’s conviction. Two justices — Samuel Alito and Clarence Thomas — said the Court should have stepped in. In a written dissent, Alito argued the Alabama appeals court misapplied U.S. Supreme Court precedent about what prosecutors can and can’t say during closing arguments.

The Supreme Court these days is generally in the business of helping executions go forward. But on Thursday night, the court did something notable: It told Alabama no. Even then, the court wasn't unanimous. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the refusal to let the nitrogen gas execution of Jeffery Lee proceed. What prompted the rare rejection? In line with the typical shadow docket practice, the court didn't explain itself. Nor did the dissenters, who merely noted their disagreement. But a deeper look at the case helps us understand why a majority of the court was unwilling to help the state this time.

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

MONTGOMERY, Ala. (AP) — Alabama is waging a last-minute legal fight to execute a man with nitrogen gas on Thursday night, asking the U.S. Supreme Court to set aside a judge’s findings that the method violates the Constitution’s ban on cruel and unusual punishment. A federal judge on Tuesday ruled that Alabama’s nitrogen protocol is unconstitutional and blocked the state from using it to execute Jeffery Lee , 49. The Alabama attorney general’s office is appealing the decision. The outcome of the eleventh-hour legal battle will determine if Lee’s execution goes forward Thursday night with nitrogen gas. It could also help determine the future of the controversial execution method Alabama began using in 2024.

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

A three-judge panel ordered a lower court to consider the feasibility of a firing squad for Jeffrey Lee but did not immediately stay his scheduled Thursday execution. A federal appeals court Monday ordered a new hearing for an Alabama death row inmate scheduled to be executed on Thursday, but did not stay the execution. The three judge panel of 11th Circuit Court of Appeals judges — U.S. District Court judges Adalberto Jordan, Robert J. Luck and Embry Kidd, appointed by Presidents Barack Obama, Donald Trump and Joe Biden — ruled that Alabama’s use of nitrogen gas for executions violated the Eighth Amendment protections against cruel and unusual punishment for Jeffrey Lee, 50, who was sentenced to die for the 1998 murders of Jimmy Ellis and Elaine Thompson during a pawn shop robbery.

On June 11, the state of Alabama plans to execute Jeffrey Lee with nitrogen hypoxia . He will be the ninth person put to death by this method since its first use in 2024. Lee contends that nitrogen hypoxia will cause him great suffering. On May 28, Federal District Judge Emily Marks agreed with him but said his execution could proceed nonetheless. Hers is a remarkable and shockingly candid decision. It made history, coming after the first trial in the country on the constitutionality of nitrogen hypoxia. To her credit, Judge Marks offered an unusually detailed picture of the pain imposed by capital punishment.

Alabama Gov. Kay Ivey has scheduled the execution of Jeffrey Lee by nitrogen suffocation for June 11, 2026, even though his capital jury voted 7-5 against the death penalty and chose a sentence of life imprisonment without parole. The trial judge overrode the jury’s verdict and sentenced Mr. Lee to death in 2000, relying on a unique Alabama practice that allowed judges to overrule jury verdicts in death penalty cases. Alabama is the only state where judges overrode jury verdicts of life to impose the death penalty routinely—in more than 100 cases since 1976. As a result, nearly 20% of the people currently on Alabama’s death row were sentenced to death by elected judges even after their juries chose life imprisonment without parole.

MONTGOMERY, Ala. (AP) — A federal judge on Thursday ruled that execution by nitrogen gas does not violate the constitutional ban on cruel and unusual punishment, rejecting an Alabama inmate’s claim that it causes excessive suffering. The ruling came after the first bench trial in the country to examine the constitutionality of the execution method that has now been used to put eight people to death, seven in Alabama and one in Louisiana. The ruling clears the way for Alabama and other states to continue with the method and is a setback for critics who hoped a fuller examination of Alabama’s protocol would halt its use.

Court throws out state’s challenge to judicial finding that inmate convicted of murder is ineligible for death penalty The US supreme court on Thursday threw out a challenge by the state of Alabama to a judicial finding that a death row inmate convicted of a 1997 murder is intellectually disabled and thus ineligible under the US constitution for the death penalty. In this highly unusual move, and in a single-sentence, unsigned order, the court dismissed Alabama’s petition for review in Hamm v Smith without deciding it, effectively undoing its earlier decision to take up an appeal by state officials to the method used by a lower court to determine that Joseph Clifton Smith was intellectually disabled and therefore could not be executed.

The Alabama Court of Criminal Appeals has officially affirmed the capital murder conviction and death sentence of Marco Perez, according to an announcement made by Attorney General Steve Marshall on Monday. This ruling marks a significant milestone in a case that began over seven years ago with the shooting death of Mobile Police Officer Sean Tuder. The legal journey reached this point after Perez was initially convicted in the Mobile County Circuit Court on March 18, 2024. During that trial, a jury voted 11–1 in favor of the death penalty, a recommendation the court followed.

Maybe he was confused. Or scared. But the confession had to be true. Surely Christopher Barbour just got the name wrong and identified the wrong man who raped a Montgomery woman before Barbour stabbed her to death. That’s the theory of the Alabama Attorney General’s Office, which is still insisting on keeping Barbour on death row despite DNA evidence that points to another man. The state’s top prosecutors filed new documents with an appellate court asking to stop a federal judge’s decision to give Barbour a new trial.