Alabama has changed death penalty procedures to give the prison system more time to carry out executions. alnews alpolitics alabamanewsnetwork
Alabama has changed death penalty procedures to give the prison system more time to carry out executions — a move that comes after a string of troubled lethal injections in the state — and also eliminated an automatic review for trial errors in death penalty cases.
A divided court in a 6-3 decision also eliminated an automatic “plain error review” where the Alabama Court of Criminal Appeals automatically reviews death penalty cases for a clear error at trial even though the defense lawyer did not object. Justices said judges on the appeals court may undertake the review, but are no longer required to do so.
Justice Jay Mitchell wrote in a concurring opinion that the change will relieve the court’s burden so they are no longer required to “scour the record in search of such errors, nor will it be compelled to analyze claims of error.” He said lawyers for death row inmates can present the issues in other appeals.
Justice Kelli Wise wrote that she could not support a complete repeal despite the time required. “In these cases, the defendants’ very lives are at stake, and I believe that such cases are entitled to heightened review on direct appeal,” Wise wrote.
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