Attorneys for Alabama death row inmate Willie B. Smith file another appeal with 11th Circuit
Attorneys for an Alabama death row inmate facing execution this week argued Tuesday that a lower court misread the evidence and the law in allowing the execution to proceed.
“The district court’s opinion was not only wrong on the law but was based on clearly erroneous factual findings, and therefore, constituted an abuse of discretion,” attorneys for Willie B. Smith III wrote in a 52-page brief to the 11th U.S. Circuit Court of Appeals.
The case turns on whether the state gave Smith a proper way to choose to die by nitrogen hypoxia in June 2018. Smith’s attorneys, who said his IQ is between 64 and 72, argue that he could not understand the choice presented to him and that the Alabama Department of Corrections (DOC) violated his rights under the Americans with Disabilities Act (ADA) by not accommodating him
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