Alabama Criminal Law Round-Up March 15th

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Here are a few of the criminal law stories that occurred around the state of Alabama this past week:

Alabama Criminal Law Round-Up March 15th

Alabama Criminal Law Round-Up March 7th

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Here are a few of the criminal law stories that occurred around the state of Alabama this past week:

Alabama Criminal Law Round-Up March 7th

Alabama Criminal Law Round-Up February 27th

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Here are a few of the criminal law stories that occurred around the state of Alabama this past week:

Alabama Criminal Law Round-Up February 27th

Alabama’s Lethal Injection Protocol Survives Another Challenge

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Today, the United States Supreme Court denied an Alabama death-row inmate’s request to review the constitutionality of Alabama’s three-drug execution protocol. Tommy Arthur argued that Alabama’s lethal injection cocktail violates the Eighth Amendment’s ban on “cruel and unusual punishment” because the method risks severe and unnecessary pain and suffering. The Court’s refusal to review the protocol almost certainly means that Tommy Arthur, who has been on death row for more than 30 years, will likely be executed soon. It also likely means that defendants who hope to challenge Alabama’s method of execution face a massive uphill battle in future fights.

Since lethal injection became the preferred method of execution in the 1980s, almost all states have used a three-drug cocktail to carry out the execution. The first drug administered would be a large amount of a sedative that’s supposed to knock the inmate unconscious and suppress all sensation. The second drug would be a paralytic, which would stop all muscular-skeletal movements, including the diaphragm. The final drug would cause the heart to stop.

Until recently, the first drug used in the three-drug protocol was either sodium thiopental. The manufacturer discontinued production of that drug, so states turned to pentobarbital. That drug also became unavailable in 2013. The states then turned to midazolam, the drug at the heart of recent Eighth Amendment litigation.

According to experts, midazolam doesn’t have the anesthetic effect of thiopental or pentobarbital. This is important because the second and third drugs administered in the the lethal injection process are extremely painful. Reports describe the pain from these drugs as a searing, burning pain spreading from the injection site throughout the body. Again, they literally stop your breathing and your heart. So, without a strong sedative, an inmate is likely facing an excruciating (and often prolonged) execution.

Executions using midazolam have been awful. Defendants executed with the drug in Oklahoma, Arizona, and Alabama died slowly and, apparently, very painfully when midazolam has been the first drug administered. (Justice Sotomayor’s dissent below details these executions.)

In challenging a method of execution as unconstitutional under the Eighth Amendment, a defendant must show a readily available constitutional alternative. Here, Arthur argued that there was a constitutional alternative to lethal injection in Alabama: the firing squad. The lower federal courts rejected this claim because Alabama law doesn’t specifically provide for death-by-firing-squad. Because Arthur couldn’t prove a constitutional alternative, the court wouldn’t review his claim that the cocktail using midazolam was unconstitutional under the Eighth Amendment.

Justice Sotomayor wrote a scathing dissent from the the Court’s refusal to consider this case. The dissent pointed out that Alabama recently amended its laws to allow for the execution of a defendant by “any constitutional method of execution.” See 15-18-82.1(c). Justice Sotomayor argued that Arthur met his burden of showing a constitutional alternative, even if that alternative wasn’t on the books in Alabama.

The dissent here was largely a critique on the lethal-injection protocol itself and the Court’s refusal to consider how screwed up our Eighth Amendment jurisprudence has become when a defendant can show that a method of execution causes unnecessary (and unconstitutional) pain and suffering, but can still be executed with that method because a State doesn’t have another method of execution on the books.

Read Sotomayor’s dissent here.

Alabama’s Lethal Injection Protocol Survives Another Challenge

Alabama Criminal Law Round-Up February 13th

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Here are a few of the criminal law stories that occurred around the state of Alabama this past week:

Alabama Criminal Law Round-Up February 13th

Alabama Criminal Law Round-Up February 3rd

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Here are a few of the criminal law stories that occurred around the state of Alabama this past week:

Alabama Criminal Law Round-Up February 3rd

Trump Narrows His List for Supreme Court Justice Replacement

It appears President Trump is close to naming former Justice Antonin Scalia’s replacement to the U.S. Supreme Court.

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After delivering a list of 21 possible candidates during his campaign, sources close to the selection process said that two names are left in the running, Denver-based U.S. Court of Appeals Judge Neil Gorsuch and U.S. District Court Judge Thomas Hardiman of Pennsylvania. Some sources report that  Judge William H. Pryor Jr. of the U.S. Court of Appeals for the 11th Circuit may still be under consideration.

Judge Hardiman has maintained a consistently conservative stance on “hot button issues,” most notably in gun cases. Judge Hardiman has shown a robust view of the Second Amendment. Fun Fact: Hardiman has a direct connection to the President as he serves on the same court as Trump’s sister, Maryanne Trump Barry.

Read more about Judge Hardiman here.

The other main candidate left, Neil Gorsuch, was appointed to the United States Court of Appeals for the 10th Circuit by President George W. Bush in 2006. Many feel that this appointment, along with his similarities to Scalia in terms of legal writing, sets him up well to be appointed to the SCOTUS by a Republican president. His defense of religious liberties in Hobby Lobby Stores v. Sebelius and Little Sisters of the Poor Home for the Age v. Burwell as well as his pro-life views regarding assisted suicide  help mark him as a “solid conservative.” Cases such as United States v. Games-Perez have given his opportunity to use his extensive knowledge and application of legislative history.

Read more about Judge Gorsuch here.

Judge Pryor’s name has been thrown around for Supreme Court vacancies every since he ascended to the federal bench in 2003. One of his most well-known actions as attorney general for Alabama was removing Alabama Chief Justice Roy Moore after Moore refused to follow a federal court order to remove the Ten Commandments monument from the state’s Supreme Court building. Judge Pryor has spoken out against Roe v. Wade, and drawn much criticism for his position on abortion. He’s consistently ruled in the government’s favor in criminal cases. Although very conservative, Judge Pryor has voted to allow a transgender plaintiff to sue a State of Georgia office for firing her for her gender transition. Judge Pryor has also frequently voted for religious freedom.

Read more about Judge Pryor here.

Trump Narrows His List for Supreme Court Justice Replacement