Page 7 of 11 FirstFirst ... 56789 ... LastLast
Results 61 to 70 of 108

Thread: Kenneth Eugene Smith - Alabama Execution - January 25, 2024

  1. #61
    Moderator Bobsicles's Avatar
    Join Date
    Jan 2019
    Location
    Tennessee
    Posts
    7,317
    State of Alabama distributed for conference February 24, 2023.

    https://www.supremecourt.gov/search....ic/22-580.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  2. #62
    Senior Member CnCP Legend Mike's Avatar
    Join Date
    Jun 2015
    Location
    Pennsylvania
    Posts
    4,795
    Death row inmate argues Alabama ‘will fare no better’ if second execution is attempted

    By Ivana Hrynkiw
    Al. com

    The lawyers for an Alabama Death Row inmate argue the state “will fare no better in a second attempt to execute” a man who was set to die in November, but survived after the execution couldn’t be completed during the allotted time.

    The comments came in new documents filed Monday in Kenneth Smith’s federal lawsuit. Smith was set to be executed by lethal injection in November 2022, but survived after Alabama Department of Corrections workers couldn’t find veins to run the lethal chemicals through before the state’s death warrant expired at midnight. The 57-year-old later claimed in court filings he laid on a gurney and was poked with needles for four hours before the state called off the execution.

    Smith’s lawyers are asking the court to bar the state from attempting to execute Smith using lethal injection a second time, adding that he “faces an objectively intolerable risk that the same thing will happen if ADOC is permitted to try to execute him by lethal injection again.”

    On the night of the first set execution, the filing says, Smith was strapped to the gurney and “readied himself for his anticipated imminent death by ‘focus[ing] on the glowing cross-shaped lights’ in the execution chamber and trying to ‘maintain his dialogue with God,’ including by ‘thank[ing] God for the week he had just had with his family’ and singing ‘I’m not alone’ quietly.”

    “It was important to Mr. Smith to maintain his composure for his family and other witnesses and to express his final words. But as time went on without action, without his witnesses arriving, and without explanation, Mr. Smith became increasingly ‘hopeless[],’ ‘distressed’ and ‘fear[ful] that his witnesses would not make it in time.’ Mr. Smith lay strapped to the gurney in that condition and as ‘he felt as though his circulation was being cut off’ for more than two hours without explanation about what was happening,” according to the filing.

    The filing is the first in Smith’s case since Gov. Kay Ivey and Alabama Department of Corrections Commissioner John Hamm announced Friday afternoon that the state had finished its internal review of the prison system’s execution process and was ready to begin executing death row inmates once again.

    Smith’s lawyers argue that nothing from that investigation was reassuring to the department’s capability to carry out lethal injections. “… the planned changes to ADOC’s execution procedures do not inspire confidence that they will reduce the intolerable risk to Mr. Smith from a second attempt to execute him by lethal injection,” the filing says.

    “Contrary to ADOC’s repeated public statements, its problem is not that it lacks sufficient time to place IVs. The problem lies elsewhere in its protocol or the personnel charged with implementing it. If ADOC could not place IV lines in Mr. Smith in more than one hour when it attempted to execute him in November, there is no reason to believe that ADOC will have greater success with more time during a second attempt…”

    The federal lawsuit was initiated before the execution attempt and has continued since, with Smith’s lawyers arguing the state shouldn’t be allowed to seek another execution date for lethal injection. Earlier this month, the Alabama Attorney General’s Office asked Middle District of Alabama Judge Austin Huffaker Jr. to dismiss the lawsuit. Smith’s legal team had until Monday to respond to that motion.

    Smith’s lawyers argue that his was the third consecutive execution “that the Alabama Department of Corrections botched in the space of four months all for the same reason—ADOC personnel are incapable of reliably placing IV lines,” referencing the controversial execution of Joe Nathan James Jr. in July and the failed execution attempt of Alan Miller in September.

    The state “apparently intend(s) to execute Mr. Smith by the very same method that failed in their first attempt and that failed for the same reason three consecutive times over four months,” the filing states.

    Smith’s lawyers claim in Monday’s filing that he suffers from “severe and ongoing physical and psychological pain.”

    Last week, Smith’s attorneys told the judge that the state hasn’t cooperated in discovery—or providing documents and other information—in the case.

    Legal groups and others across the state have expressed disappointment in the three-month investigation, calling for an independent review.

    https://www.al.com/news/2023/02/deat...attempted.html
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  3. #63
    Senior Member CnCP Legend Mastro Titta's Avatar
    Join Date
    May 2018
    Location
    Prato, Italy
    Posts
    1,275
    State of Alabama distributed again for conference, this time May 11th, 2023.

    https://www.supremecourt.gov/search....ic/22-580.html

  4. #64
    Moderator Bobsicles's Avatar
    Join Date
    Jan 2019
    Location
    Tennessee
    Posts
    7,317
    Good. I’ll be offline for a while btw because I’m at the special olympics.
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  5. #65
    Senior Member CnCP Addict
    Join Date
    Feb 2021
    Posts
    702
    In today's orders, the Supreme Court of the United States DENIED the state of Alabama's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Numbers: (22-13781)
    Decision Date: November 17, 2022

    https://www.supremecourt.gov/search....ic/22-580.html

    Justice Thomas, with whom Justice Alito joins, dissenting from the denial of certiorari.

    https://www.supremecourt.gov/opinion...2-580_8o6a.pdf

  6. #66
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    Location
    New Jersey, unfortunately
    Posts
    4,382
    Another conservative victory!
    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

  7. #67
    Senior Member CnCP Addict one_two_bomb's Avatar
    Join Date
    Jan 2015
    Location
    Detroit MI
    Posts
    965
    So what does this ruling mean exactly.

  8. #68
    Moderator Bobsicles's Avatar
    Join Date
    Jan 2019
    Location
    Tennessee
    Posts
    7,317
    It was about Nitrogen so I guess the ruling means Alabama can’t execute him by lethal injection.
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  9. #69
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Supreme Court rejects Alabama's bid to use lethal injection against inmate's wishes

    By Lawrence Hurley
    NBC News

    WASHINGTON (NBC) — The Supreme Court on Monday rejected Alabama's bid to execute a death row inmate by lethal injection, leaving in place a lower court ruling that his preference for lethal gas is a viable alternative method.

    Kenneth Smith, sentenced to death for murdering Elizabeth Sennett in 1988, objected to being executed by lethal injection because of the pain it would cause. He alleged it would violate his right to be free of cruel and unusual punishment under the Eighth Amendment to the Constitution.

    Smith suggested lethal gas — nitrogen hypoxia — be used instead.

    The Atlanta-based 11th U.S. Circuit Court of Appeals ruled for Smith in November, saying that because the state has approved use of lethal gas, Smith could seek an alternative method of execution.

    The appeals court ruling was issued the same day the state unsuccessfully sought to execute Smith by lethal injection. Officials called off the execution after struggling to insert an intravenous line before the death warrant expired at midnight. The Supreme Court, which regularly allows executions to take place, had earlier allowed the execution to proceed.

    Conservative Justices Clarence Thomas and Samuel Alito said they would have ruled in favor of the state.

    "When the question is whether the Eighth Amendment requires a state to replace its chosen method with an alternative method in executing the plaintiff, it is simply irrelevant, without more, that the state's statutes authorize the use of the alternative method that are to take place sometime in the indefinite future," Thomas wrote.

    Alabama officials say that although lethal gas was approved as a method of execution in 2018, an execution protocol has not been finalized. It gave prisoners 30 days to choose an alternative method, an option Smith did not choose at the time, the state says.

    Smith's lawyers say that the state is already planning to execute other death row inmates using lethal gas.

    The case follows a 2015 Supreme Court ruling that rejected a challenge to the lethal injection protocol used by Oklahoma.

    The court then made it clear that if an inmate wants to challenge the method of execution, he must show that there is a feasible alternative that can be readily implemented.

    In a follow-up case in 2019, the court ruled against a convicted murderer in Missouri seeking to die by lethal gas instead of lethal injection because of a rare medical condition, saying that prisoners were not guaranteed "a painless death."

    Death penalty proponents have been critical of lawyers making last-minute claims in an effort to delay executions. During the oral argument in the 2015 case, Alito referred to it as "a guerrilla war against the death penalty."

    There have been nine executions in the United States so far this year, according to the Death Penalty Information Center.

    https://mynbc15.com/news/local/supre...inmates-wishes
    "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

  10. #70
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    Location
    New Jersey, unfortunately
    Posts
    4,382
    So does this mean Alabama can't execute anyone via lethal injection now? Because I sure can't imagine this being limited to Smith in its ramifications.
    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

Page 7 of 11 FirstFirst ... 56789 ... LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •