Alabama death row inmate asks court to intervene ahead of upcoming execution

BIRMINGHAM, Ala. (WBRC) -Alabama is about to execute a north Alabama man this week for a homicide for rent plot within the late 1980′s. Kenneth Eugene Smith is now combating to cease the execution. The eleventh Circuit Courtroom of Appeals is about to listen to the case Wednesday afternoon.

This last-ditch effort comes days after the Alabama Supreme Courtroom determined to not postpone Smith’s execution which is about for Thursday at Holman jail. Smith’s attorneys asking the courts on Monday to remain his execution.

In 1996, a decide sentenced Smith to die regardless of a jury’s 11-1 suggestion of life in jail by way of judicial override. The state abolished that override in 2017 however the change was not retroactive and didn’t affect demise row inmates like Smith. His attorneys are asking the courtroom to evaluate whether or not the demise sentence revamped the jury’s needs is constitutional.

We requested WBRC authorized professional Roger Appell what Smith’s attorneys try to show.

“They’re arguing its unconstitutional saying its merciless and weird punishment below the eighth Modification to the Structure to execute someone who’s had a suggestion from a jury that they be given life with out parole and in reality each different state within the union didn’t enable that to occur,” Appell mentioned.

Smith was first convicted in 1989 within the demise of Elizabeth Sennett. He obtained the demise sentence however that was overturned on enchantment in 1992. He was retried and convicted once more, however as talked about, a decide overrode the jury’s suggestion and sentenced Smith to demise.

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