Alabama inmate seeks execution stay from US Supreme Court
Breaking 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
Breaking Legal News 12/02/2016Gun 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
Breaking Legal News 12/01/2016China'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
Breaking Legal News 11/21/2016A 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...
The Law Offices of John M. Lynch, LLC - Our goal is to serve you and make your experience a pleasant one
Our firm founder John M. Lynch is a proven trial lawyer with a record of success in state and federal courts. His former service as a police investigator and federal drug task force agent enable him to see a case from all sides. He is routinely hired by other attorneys to assist with criminal cases. His peer recognition is also evident in the recognition that he has earned with Top 100 Trial Lawyers, AV Preeminent Rating and Super Lawyers. He has also been named as one of the Best Attorneys in St. Louis, a Rising Star in Missouri and a Rising Star in Kansas. His unique and broad -based experience has led to unparalleled success that include dismissal of charges, acquittal and markedly beneficial settlements.
Attorney John M. Lynch comes from a strong law enforcement background with a decade of experience as a police investigator and federal drug task force agent. Paired with his legal degree from St. Louis University School of Law, Mr. Lynch provides a unique and candid perspective for people charged with a full range of criminal activities.