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Thread: Alabama Capital Punishment News

  1. #101
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    House Judiciary Committee OKs nitrogen gas for executions

    The House Judiciary Committee approved a bill Wednesday allowing death row inmates to be executed via nitrogen gas. Alabama would be the second state to allow the execution method if the legislation becomes law.

    The bill, sponsored by Sen. Tripp Pittman, R-Montrose, was inspired by a death row inmate who said he wanted to be executed by firing squad. But the bill was amended in the Senate to substitute nitrogen gas for firing squad. The execution method - formally known as nitrogen hypoxia - would only be used if lethal injection is not available.

    "There have been some real challenges in obtaining the drugs" that comprise the lethal injection cocktail, Pittman told the Judiciary Committee.

    Pittman defended his bill as good legislation because nitrogen hypoxia "is very effective because it's painless and available."

    Nitrogen hypoxia was approved as an execution method in Oklahoma in 2015.

    The House Judiciary Committee gave the bill a favorable report in a voice vote, moving the legislation to the full House.

    https://www.google.com/amp/amp.al.co...mittee_oks.amp
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  2. #102
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    House Committee Votes to Shorten Death Penalty Appeals

    MONTGOMERY, Ala. (AP) — The House Judiciary Committee has approved a bill aimed at shortening the time of death penalty appeals.

    The committee approved the bill Tuesday sending it to the House floor.

    The legislation, which has already cleared the Senate, would require inmates to raise claims of ineffective counsel and the same time as the inmate's direct appeal claiming trial errors.

    Sen. Cam Ward, an Alabaster Republican, said the current appeals process can take decades and has been abused to drag out appeals. Ward says the bill is based on Texas procedures.

    Rep. Chris England, a Democrat from Tuscaloosa, argued that Alabama would have executed an inmate who was later exonerated if the quicker process had been in place.

    Ray Hinton was released in 2015 after nearly 30 years on Alabama's death row.

    https://www.usnews.com/news/best-sta...enalty-appeals
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  3. #103
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    Alabama House votes to shorten death penalty appeals

    The Alabama House of Representatives Tuesday approved a bill that would shorten the appeals process for those on death row.

    The chamber voted 74 to 26 for the measure, long a priority of the Alabama attorney general’s office. The House amended the bill on the floor, which will send the measure back to the Senate.

    The vote in the Montgomery County delegation fell down partisan lines. Democratic Reps. Alvin Holmes, John Knight and Thad McClammy of Montgomery and Kelvin Lawrence of Hayneville voted against the bill;
    Republicans Reed Ingram of Pike Road; Dimitri Polizos of Montgomery and Chris Sells of Greenville voted for it.

    Under current law, those convicted of capital crimes can appeal the decision, then file a post-conviction appeal known as a Rule 32 measure that can challenge aspects of the conviction, such as the adequacy of counsel. The bill passed by the House, sponsored by Sen. Cam Ward, R-Alabaster, would require both processes to move concurrently.

    Supporters say it would “streamline” the appeals process and take years off the appellate process, sparing victims of crime going through it.

    "If a defendant is found guilty, the court appoints two different appellate attorneys, so he’s got two different people working for him,” said Rep. Lynn Greer, R-Rogersville, who carried the bill in the House.

    Alabama Attorney General Steven Marshall praised the passage in a statement.

    “Each year that these appeals drag on, the general public is further removed from and even desensitized to the horrendous crimes that led to the sentences of every individual on death row,” the statement said. But, for the families of victims, the pain is not numbed with the passing of years.”

    Opponents said by making the two processes concurrent, the state would make it more likely that an innocent person would be executed. Linda Klein, the president of the American Bar Association, sent a letter to House Speaker Mac McCutcheon, R-Monrovia and Senate President Pro Tem Del Marsh, R-Anniston on May 12 urging them to oppose the bill.

    “While the ABA respects the importance of finality and judicial efficiency, quicker resolution of cases where a life is at stake should not take priority over ensuring fundamental fairness and accuracy of those convictions,” the letter said.

    Those arguments were echoed by Democrats speaking against the bill Tuesday afternoon. Rep. Thomas Jackson, D-Thomasville, said the Legislature was trying to “speed up the process of killing people” despite approving an amendment declaring Alabama a pro-life state during the session.

    “This is Alabama,” Jackson said. “We understand we’re down in the South where we believe in killing people.”

    The House accepted an amendment from Rep. Chris England, D-Tuscaloosa – who voted against the bill – to raise the cap on indigent defense from $1,500 to $7,500.

    The bill goes back to the Senate for concurrence or conference committee.

    http://www.montgomeryadvertiser.com/...als/101764190/
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  4. #104
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    Alabama Legislature votes to cut appeal time in death penalty cases

    HUNTSVILLE, Ala. -- The Alabama Legislature has given final passage to a measure that would shorten the appeals process in state court for inmates sentenced to the death penalty.

    The measure’s roots are in the Madison County District Attorney’s office.

    District Attorney Rob Broussard has tried a number of death penalty cases, but he’s been dismayed by how some of them have unfolded in the appellate process.

    “I’m looking at guys that I prosecuted, that are on death row, that have been there 20 years,” he told WHNT News 19. “And I’m also in contact with victim’s families, who’ve honestly suffered for 20 years, just wondering ‘What’s gonna ever happen?’ And I don’t have the answer to it.”

    The new law, approved by the Alabama Senate Thursday and awaiting Gov. Kay Ivey’s signature, would require new defendants in death penalty cases to file their direct appeal and their state court appeal alleging constitutional violations nearly in parallel.

    The current system generally has the inmate file their direct appeals and then, if those are denied, they begin the so-called Rule 32 process. Under Alabama law, post-convictions are governed under Rule 32 of the state's rules of criminal procedure.

    Those proceedings aim at alleged constitutional violations during the trial, such as juror bias or errors by the court or ineffective assistance of counsel.

    The new law would require those filings to begin within 12 months after the sentencing and direct appeal is initiated.

    The American Bar Association sent a letter to leaders in the Alabama House and Senate urging them not to pass the so-called Fair Justice Act.

    The ABA cited several problems it had with the measure, including noting that in numerous instances it has taken years to uncover evidence related to the original conviction that exonerates the defendant. Under the new Alabama law, that process would be unlikely to occur, the ABA argues.

    “The Fair Justice Act is unlikely to achieve its stated goal of streamlining justice; rather, this legislation suffers from serious problems that will diminish the ability of counsel to provide effective representation and the capacity of courts to deliberate in order to make fair and responsible determinations, increasing the risk of executing an innocent person,” ABA President Linda Klein wrote in the letter dated May 12.

    But Madison County DA Broussard disagrees. His interest in seeing the death penalty appeals process streamlined is related to the infamous 1996 Cell Phone murders case that he helped prosecute. Four people were killed incident.

    Two men, Nick Acklin and Joey Wilson, received death sentences in the case. They remain on death row.

    “I was in my office and thinking about a death penalty case,” Broussard said. “The cell phone murders, that had happened, the individuals had been sentenced 20 years ago. And I was looking at some ludicrous appeals on their part, and I thought, ‘How does the state of Texas do it?’

    “How is it that in the state of Texas you read about somebody who’s been executed, and they committed the crime, maybe eight years before. And I got my staff together and said, ‘How do they do it?’”

    A measure was drafted and the DA’s office learned Alabama Rep. Lynn Greer, R-Rogersville, was pushing the same issue. They talked to Greer, Broussard said, and he agreed to push the measure drafted in Madison County.

    The bill was first introduced two years ago and ran into opposition from defendant’s rights groups and others. This year it was introduced again, Alabama Sen. Cam Ward championed it in the Senate.

    Broussard credits new Alabama Attorney General Steve Marshall’s support of the measure as being crucial to its passage. Marshall sent out a statement Thursday praising the Legislature for its passage.

    “It took dedication on the part of many who have been involved to bring this bill forward and successfully guide it through a complicated legislative process,” Marshall said. “We particularly appreciate Senator Ward's dedication to seeing the bill through the final step this morning. We look forward to its enactment so that death row appeals now may proceed in a fair and efficient manner that does not prolong the suffering of victims but that provides justice to all parties.”

    http://whnt.com/2017/05/19/alabama-l...penalty-cases/
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  5. #105
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    Gov. Kay Ivey signs bill intended to shorten death penalty appeals

    Gov. Kay Ivey today signed into law a bill that supporters say will shorten the duration of appeals in death penalty cases in Alabama.

    Attorney General Steve Marshall, who supported the bill, announced the signing in a press release. Marshall said the law, called the Fair Justice Act, "does not diminish the thoroughness of appellate review of death penalty cases, but simply streamlines the appellate process so that the direct appeal and the state post-conviction stage occur simultaneously."

    Ivey said in the press release: "The Fair Justice Act strikes an important balance between protecting the rights of a defendant and the state's interest in allowing justice to be achieved effectively and swiftly."

    Opponents, including the American Bar Association, say the law will increase the likelihood that the state will put an innocent person to death.

    The bill, by Sen. Cam Ward, R-Alabaster, requires defendants to pursue certain types of appeals sooner, setting new deadlines for when certain appeals can be filed and when courts must rule.

    Ward said the bill will shorten the duration of state appeals in death penalty cases from about 15-18 years generally to about 9 to 12 years. Ward said it would not take away any steps in the process. It will not affect federal appeals.

    The bill cleared the Legislature last week with support from the Republican majorities in the House and Senate and opposition from most Democrats.

    American Bar Association President Linda Klein, in a May 12 letter to the Legislature, said the law "will diminish the ability of counsel to provide effective representation and the capacity of courts to deliberate in order to make fair and responsible determinations, increasing the risk of executing an innocent person."

    The new law will apply to any defendant sentenced to death after it takes effect. The effective date is August 1.

    https://www.google.com/amp/amp.al.co...ill_intend.amp
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  6. #106
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    Greer will bring back capital offenses bill

    By Mary Sell
    Times Daily

    Rep. Lynn Greer, R-Rogersville, said he’ll be back next legislative session with a bill to expand the list of crimes that are punishable by death.

    Greer’s bill would make murders committed on school or day care campuses capital offenses.

    “If you go to a college campus or a kindergarten class and kill some kids, you ought to get the death penalty,” Greer said last week.

    Greer carried the bill this spring, but it never made it out of the House Judiciary Committee.

    Greer’s bill also adds the murder of prosecutors as a capital offense, along with the murder of law enforcement officers. Similarly, the murders of family members of law enforcement, correction officers and judges as acts of revenge would be punishable with death.

    Current capital offenses include murders committed during kidnapping, rape, robbery, burglary or arson.

    Mike Lewis, a spokesman for the Alabama attorney general, said that office recently received a copy of the bill and is reviewing it.

    http://www.timesdaily.com/news/state...4a88f6f8d.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #107
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    Did judicial override end in Alabama? Some say judges can still overrule jury over death penalty

    By Ashley Remkus
    AL.COM

    Two north Alabama defense attorneys are disputing a judge's ability to override a jury vote and condemn a capital murder convict to death.

    Although a change in state law earlier this year takes away judges' ability to reverse a jury decision and sentence a capital murder convict to death, judicial override might not be over.

    The judicial override law bans judges from imposing the death penalty when a jury votes to sentence a capital murder convict to life in prison without the possibility of parole. The law became effective with Gov. Kay Ivey's signature on April 11. But, the law appears to leave a question about the cases to which it applies.

    For people who were charged with but not convicted of capital murder prior to April 11, prosecutors say judges still can impose the death penalty, even if a jury votes for life without parole. Defense attorneys, on the other hand, say their clients are protected from judicial override -- just like any suspect charged after the April 11 signing date.

    One case in question involves Richard Burgin, a man recently convicted of capital murder in the notorious Huntsville church food pantry killings. His lawyers argue Madison County Circuit Judge Karen Hall cannot sentence the 54-year-old to die for killing brothers Anthony and Terry Jackson in 2013.

    Because a jury voted 8-4 to send Richard Burgin to prison for life without parole, Judge Hall must impose the jury's recommendation, Huntsville lawyers Larry Marsili and Chad Morgan said in a court filing. The lawyers argue Alabama's recently-enacted Judicial Override law prohibits the judge from reversing the jury's sentencing recommendation.

    Burgin was convicted and sentenced in May -- a month after the law was signed by the governor. But, prosecutors say the law doesn't protect Burgin because he was charged with capital murder before the bill became law. Burgin was arrested for capital murder in 2014. He was indicted the following year.

    The only sentencing options in Alabama capital cases are life without parole or death. Alabama had been the only state that allows a judge to override a jury's recommendation when sentencing capital murder cases.

    Judge Hall has not said whether she plans to sentence Burgin to death.

    The judicial override law states, "This act shall apply to any defendant who is charged with capital murder after the effective date of this act and shall not apply retroactively to any defendant who has previously been convicted of capital murder and sentenced to death prior to the effective date of this act."

    "It leaves open the question of someone who has been charged but not convicted," said retired Judge John Carroll, a professor at the Cumberland School of Law. "It's not crystal clear."

    Madison County Chief Trial Attorney Tim Gann disagrees.

    "In the law, they made it real clear," Gann said. "It's not retroactive and it doesn't apply in this case. It's a done deal. It's unambiguous. For us, this is a dead issue."

    Joy Patterson, a spokeswoman for the Alabama Attorney General's Office, said the defendant would need to have been charged after April 11 to be protected from judicial override.

    Burgin's trial was conducted under the theory that the judge had the final say in sentencing. The Madison County District Attorney's Office asked the jury to sentence Burgin to death, and now prosecutors are requesting the same from the judge. Sentencing is set for Aug. 22 at 1:30 p.m.

    Because the defense lawyers argue the judge can't override the jury's recommendation, they say a sentencing hearing is "unnecessary and unauthorized," the court filing states.

    "The newly enacted law makes no reference to the initial date of charging concerning the applicability of the law, instead indicating that the law 'shall apply to any defendant who is charged with capital murder after the effective date of this act,' Burgin's lawyers said in the filing.

    Defense lawyers Morgan and Marsili also argue that if the legislature intended for the law not to apply in pending cases, like Burgin's, that lawmakers would have specified that.

    Alabama Sen. Dick Brewbaker, a Republican from Montgomery, drafted the Judicial Override Bill.

    "The intent of the legislature, and what we thought we were doing with passing the bill, was that upon signature of the governor, it would end judicial override in Alabama," Brewbaker told AL.com. "I think everyone in that chamber who voted for the bill thought, going forward, the juries' wishes would be the last word in all cases."

    The Judicial Override Bill passed the House and Senate before being sent to the governor.

    Birmingham lawyer Richard Jaffe has handled several death penalty cases in his career. He said at this point, the important question isn't whether judges can still legally override a jury verdict, but rather, "Why would they?"

    "Because of the new law and the tenuous nature of the override practice, it would be perilous, and frankly, quite foolish for a judge to override," Jaffe said. "It's not in anyone's best interest for a judge to override. It's not fair to the victims' families or to the defendant. It would just be something that's litigated for years to come."

    Jaffe told AL.com even before the law changed in April, many judges said override was so questionable that they wouldn't do it.

    "You have to think about the constitutional implications," Jaffe said.

    http://www.al.com/news/huntsville/in...l_overrid.html
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  8. #108
    Administrator Moh's Avatar
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    Federal court orders new hearings in lethal injection challenge

    By Brian Lyman
    The Montgomery Advertiser

    A federal appeals court Friday ordered new hearings on a group of Alabama death row inmates' challenge to the state's execution method.

    In a 79-page opinion, a 3-judge panel of the U.S. 11th Circuit Court of Appeals said there were factual disputes that should have precluded U.S. District Judge Keith Watkins from issuing summary judgment for the Alabama Department of Corrections.

    The inmates in the case argue that midazolam, a sedative used in Alabama's 3-drug execution process, cannot render a condemned individual unconscious before officials inject 2 more painful and lethal drugs. The appeals court wrote that should be the focus of future hearings.

    "Whether the ADOC's use of midazolam as the first drug in its execution protocol will render the prisoner insensate prior to the administration of the 2nd and 3rd drugs will require the presentation of expert opinion testimony," U.S. Circuit Judge Gerald Tjoflat wrote in an opinion for the panel. "We assume that Appellants' counsel is prepared to present such testimony, and that the ADOC is prepared to rebut it with expert opinion testimony of its own."

    The U.S. Supreme Court ruled in 2015 that condemned inmates challenging their methods of execution must present an alternative method of execution. Alabama has used midazolam since resuming executions in early 2016. 3 of the 4 that have taken place since then took place without visible incident. But Ronald Bert Smith, executed last December, gasped and coughed for 13 of the 34 minutes it took to execute him.

    Midazolam has been present in other botched executions. Critics say its ability to render a person unconscious drops when a recipient experiences a high-stress event, like his or her execution.

    The inmates in the lawsuit suggested single-injection methods of execution, involving large doses of drugs like midazolam, pentobarbital or sodium thiopental.

    The Alabama Department of Corrections argued in the case that it could not obtain supplies of sodium thiopental or pentobarbital. Hospira, the maker of sodium thiopental, stopped manufacturing it in the United States in 2011 due to its use in capital punishment. The state used pentobarbital as a sedative in executions but had exhausted its supply by 2014.

    DOC also argued that the inmates failed to show that a single large injection of midazolam would be less painful than the current method. Watkins agreed, saying the plaintiffs did not identify sources of sodium thiopental or pentobarbital and did not produce "scientific evidence of record" to prove midazolam would be less painful for the condemned.

    The appeals court found fault with Watkins' findings. It noted that dozens of executions took place involving compounded pentobarbital and that some states intended to carry out executions with it.

    "From these facts it can reasonably be inferred that compounded pentobarbital was available, that executions using the drug as a 1-drug protocol were ongoing, and that several States contemplated employing the protocol," Tjoflat wrote.

    The appeals court also noted testimony from Anne Adams Hill, general counsel for the ADOC, that she had contacted other states in the fall of 2015 - a year after the state switched to midazolam. Hill said in testimony the department wanted to weigh whether pentobarbital was available, and if so, if it might be an alternative.

    "A factfinder could reasonably infer that her efforts to find a new pentobarbital source reflected her or her superiors' doubts about midazolam's effectiveness in eliminating pain potassium chloride could cause during executions," Tjoflat wrote. "Of course, other inferences from Hill's testimony could be drawn, and that is precisely why her testimony should be submitted to the trier of fact rather than treated as conclusive on summary judgment."

    The appeals court also wrote that the lower court cited testimony from an expert witness from the plaintiffs who suggested that the midazolam dosage needed to cause death was many times higher than the 500 mg they sought. But Tjoflat also wrote that Watkins "overlooked" testimony from an expert from the DOC, who said that 500 mg on its own would be enough to cause death.

    Tjoflat's opinion told the district court to "first determine what risk the current 3-drug protocol - with midazolam as the 1st drug - presents before considering the adequacy of Appellants' proposed alternatives, especially since it has by now been clearly established that midazolam is available to the State."

    Watkins' opinion also included angry and sometimes sneering criticism of physicians, whose professional code of ethics prevent them from assisting in executions. The judge accused doctors of working "on the side of guerrilla tactics against a clearly constitutional right of the state to execute criminals convicted of vile human desecration and death" while suggesting their involvement in executions would lead to more humane methods of execution.

    The judge also attacked the U.S. Supreme Court's "evolving standards of decency" argument from 1958's Trop v. Dulles, saying it led to "hollow arguments from a debased medical community in death penalty cases."

    The 11th Circuit did not address Watkins' criticisms of the medical community Friday.

    http://www.montgomeryadvertiser.com/...nge/626783001/

  9. #109
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    Should have denied this outright. The 11th Circuit allowed the executions of Christopher Brooks, Ronald Smith, and Tommy Arthur all to proceed despite midazolam arguments and they denied Anthony Boyd's challenge to midazolam earlier this year. This is the same hack panel that stayed Melson, only to be vacated by SCOTUS. Like most democratic appointees, they refuse to accept they lost the midazolam debate.

    The bad news here: Gregory Hunt and Robin Myers will continue to have their executions delayed.

    The first good news: These four won't win in the end. If this panel keeps playing around, an en banc Court or SCOTUS can set this straight.

    The other good news, and the most important: This will almost certainly only apply to these four, and won't stop AL from executing Borden or McNabb, in addition to others in the future. Brooks and Smith were executed because they waited too long to join one these challenges. That alone should be the final nail for both October executions. And in the worst case scenario, the 11th Circuit will stay Borden or McNabb but get overruled by SCOTUS. SCOTUS vacated Melson's stay, and will vacate any other improper stays these three judges decide to issue. Bottom line is this won't change much in the big picture.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  10. #110
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    Bill to allow execution by nitrogen hypoxia clears committee

    A bill to create a third method of execution for death penalty inmates in Alabama won approval today in the Senate Judiciary Committee.

    The bill, by Sen. Trip Pittman, would allow death row inmates to choose execution by nitrogen hypoxia.

    Current law requires that executions in Alabama be carried out by lethal injection unless the condemned inmate chooses electrocution.

    Pittman said he believes the death penalty is appropriate for some heinous crimes and that nitrogen hypoxia would be a more humane method.

    Pittman said Oklahoma has already made nitrogen hypoxia one option for execution.

    The committee approved the bill by a vote of 11-1, moving it to the Senate floor.

    Sen. Linda Coleman-Madison, D-Birmingham, said she opposed the death penalty but said she believed nitrogen hypoxia would be a more humane method.

    Sen. Bobby Singleton, D-Greensboro, voted against the bill.

    http://www.al.com/news/index.ssf/201...on_by_nit.html
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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