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Appeals court says Alabama can’t execute intellectually disabled inmate

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Appeals court says Alabama can’t execute intellectually disabled inmate


A federal appeals court on Friday said Alabama cannot execute a man with an IQ in the 70s, agreeing with a lower court’s ruling that he is intellectually disabled and that his death sentence is unconstitutional.

The Atlanta-based 11th US Circuit Court of Appeals upheld a federal judge’s 2021 decision vacating the death sentence of Joseph Clifton Smith, 52.

Smith was convicted and sentenced to death for the 1997 beating death of Durk Van Dam.

Van Dam, whose body was found in his pickup truck in Mobile County, died as a result of 35 blunt-force injuries to his body, according to testimony from a forensic pathologist.

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The appellate court wrote Friday that it found no error in the federal judge’s review of the case that determined that Smith is “intellectually disabled and, as a result, that his (death) sentence violates the Eighth Amendment.”

The US Supreme Court in 2002 barred the execution of intellectually disabled people.

The court has since ruled that in borderline cases, states should look at other evidence of disability because of the margin of error in IQ tests.

Alabama law defines intellectual disability as an IQ of 70 or below, “significant or substantial deficits in adaptive behavior” and the onset of those issues before the age of 18.

Smith scored as low as 72 and as high as 78 on IQ tests over the years and showed evidence of poor intellectual and adaptive functioning since a young age, the court ruling noted.

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He was placed in school programs for students with learning or intellectual disabilities and ”went on to fail the seventh and eighth grades before dropping out of school for good.”

Senior US District Judge Callie V.S. Granade wrote in 2021 that Smith’s IQ score of 72 could mean his IQ is actually as low as 69 “if you take into account the standard error of measurement.”

“This is a close case, but the evidence indicates that Smith’s intelligence and adaptive functioning has been deficient throughout his life,” Granade wrote.

The ruling is a victory for Smith’s attorneys who have been fighting for years to overturn his death sentence.

A spokeswoman for Alabama Attorney General Steve Marshall said the state will appeal the ruling to the US Supreme Court.

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“Joseph Smith brutally murdered Durk Van Dam in 1997, and for that, he was sentenced to death. Smith’s IQ scores have consistently placed his IQ above that of someone who is intellectually disabled. The Attorney General thinks his death sentence was both just and constitutional,” Amanda Priest, a spokeswoman for Marshall, wrote in an email.



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Alabama

Nate Oats addresses rumors he might one day jump to NBA

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Nate Oats addresses rumors he might one day jump to NBA


As with any successful college coach, Nate Oats’ name comes from time to time about potential jumping to the professional level.

Oats, who led Alabama to its first Final Four this past season, appeared Monday on the College Hoops Today podcast with Jon Rothstein. Oats was asked about any future he might have in the NBA, and though he admitted the thought had crossed his mind, he said he’s happy in Tuscaloosa.

“The NBA intrigues me for sure,” Oats said. “Training camps open up this week in the NBA, and our staff is going to split up around the country and learn different concepts and bring them back. But I’ve got three daughters. I think the college coaching lifestyle makes it more conducive to being a good father. You’re not on the road like you are all the time in the NBA. I’m happy where I am right now. We love it at Alabama. I’m going to continue to study the NBA, but we love it here right now.”

The 49-year-old Oats is entering his sixth year at Alabama, where he’s 117-54 with a pair of SEC championships and four consecutive NCAA tournament berths. The Crimson Tide is likely to be among the national championship favorites heading the 2024-25 season.

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NYT headline asks why Trump attended Alabama-Georgia game if he 'says he's in danger'

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NYT headline asks why Trump attended Alabama-Georgia game if he 'says he's in danger'


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A New York Times headline asked why former President Trump sought “the embrace of 100,000 fans” while claiming “he’s in danger” as he campaigns.

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NYT writer Shawn McCreesh wrote how Trump appeared to be “relishing the dangers of his job” by attending the Alabama-Georgia college football game Saturday night despite having “bragged about the mortal danger in which he finds himself” after two assassination attempts.

“Are his supporters, his rivals, the press and the public to treat his every appearance from here on out as an act of death-defying bravery, as he and his boosters suggest? And if he really is the most marked man in the world, why was he wandering around a football stadium in the Deep South in a state he does not need to campaign in, tossing out poultry and posing for selfies?” McCreesh asked Sunday.

Sep 28, 2024: Tuscaloosa, Alabama. Former president and current Republican nominee for president Donald J. Trump waves to the crowd as he speaks with Republican Senator Katie Britt (right) from Alabama at Bryant-Denny Stadium for a football game between the Alabama Crimson Tide and the Georgia Bulldogs. (Gary Cosby Jr.-Imagn Images)

McCreesh added “some” at the game expressed “cynicism” at Trump’s appearance, citing one anonymous grounds and facilities worker over security measures.

NY TIMES ENDORSES KAMALA HARRIS, CHOOSES DEMOCRAT IN 17TH STRAIGHT PRESIDENTIAL ELECTION

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“I don’t think it’s a smart move for him to come,” the worker said. “I would say about half the people are probably annoyed.” 

McCreesh reported, “Security was tight, traffic was gridlocked, bomb-sniffing dogs prowled the grounds and a hundred thousand people were told to arrive early to pass through magnetometers in time for kickoff.”

He also spoke to Thomas Radney, a 53-year-old Alabama lawyer McCreesh described as “a rare Democrat among the red-wearing, red-voting masses there that day.”

“He’s as safe as in his mother’s arms here — 95 percent of the folks here think he is the second coming,” Radney said.

Trump

New York Times writer Shawn McCreesh suggested some game attendees were frustrated with Trump’s appearance. (ANGELA WEISS/AFP via Getty Images)

Radney suggested Trump’s appearance was mostly for his ego.

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“Alabama is going to vote for him by huge numbers,” he said, “so the fact that he is here just proves what he wants is accolades and people waving, that’s his whole deal. ‘I want people to cheer for me.’”

NEW YORK TIMES PUBLISHES SCATHING GUEST ESSAY ON FORMER PRESIDENT TRUMP TWO DAYS AFTER ASSASSINATION ATTEMPT

Trump supporter Ben Wilson conceded the former president probably shouldn’t have attended the game because of the intense security measures.

“I’m for him, but I would have preferred he just stayed away today,” Wilson said, “for logistical reasons.”

In a statement to Fox News Digital, Trump campaign spokesman Steven Cheung said, “Leave it to the New York Times to disgustingly call everyone a threat to democracy. They’re just big mad that Kamala Harris would get booed out of the stadium if she were to show her face there. The fact is that Kamala Harris, Democrats, and their media enablers are the ones who are deranged by emboldening those who threaten the safety of President Trump. There have been two heinous assassination attempts on President Trump’s life, and their violent rhetoric are directly to blame.” 

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Trump in suite

The Trump campaign attacked the New York Times for publishing the piece questioning Trump attending the football game. (Kevin C. Cox/Getty Images)

He continued, “Their outright lies and weaponization of the justice system to perpetuate countless witch-hunt hoaxes against President Trump have been nothing short of disgusting and abhorrent. If the Democrats and Kamala Harris do not come out and apologize for their hateful rhetoric and tone down their attacks that have stoked the flames of violence, they are explicitly advocating for and inciting more bloodshed against President Trump.”

This was the first time this year Trump had attended a college football game. 

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WATCH: SEC Shorts Police try to save Georgia football vs Alabama

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WATCH: SEC Shorts Police try to save Georgia  football vs Alabama


After an entertaining first week of SEC play, the team from SEC Shorts had plenty to work with. As expected, they did not disappoint. Enjoy.

It was pepper spraying Hope for me. A couple of national titles have not removed the insecurity from that fanbase, and this skit captures that perfectly. Great stuff as usual.

Roll Tide.

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