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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

Alabama's improved pass protection trending up during final stretch

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Alabama's improved pass protection trending up during final stretch


TUSCALOOSA, Ala. – For the second game in a row, Alabama’s offensive line did not give up a sack as the Crimson Tide cruised to a 52-7 win over Mercer in its penultimate home game.

Alabama has kept Jalen Milroe’s jersey clean in its last two wins as its offensive line, particularly its pass protection, has improved as the Crimson Tide’s 2024-25 season has progressed.

“It’s definitely gotten better,” said Alabama center Parker Brailsford. “I feel like we’ve kind of meshed better as an O-line, as a unit especially. But even as a team, I feel like we’ve just meshed better, and that’s definitely helped us.

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“I trust the guys to my right and my left that they’re gonna have my back just like they trust the guys to their right and left.”

Alabama (8-2, 4-2 SEC) has been better at protecting the quarterback this season, allowing 17 sacks in 10 games. For comparison, the Tide gave up a Saban Era-worst 49 sacks in 2023. UA still has at least three games left on the schedule, but that’s a drastic improvement. 

The offensive line gets credit for the turnaround, but first-year Alabama offensive coordinator Nick Sheridan said the responsibility falls on all 11 players, as well as the coaching staff.

“Trying to minimize the opportunities the opponent gets to really pin their ears back, and when you are in those moments, being mindful of what you’re asking your players to do,” Sheridan said. “It takes all 11. It starts obviously up front. 

“The identification, the technique, the fundamentals, but then the quarterback making sure he’s reading the play properly, getting the ball out on time, the running backs and their pass protection or their routes, and the skill guys getting open at the right time in the right spots.”

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The offensive line hasn’t been perfect. Alabama ranks sixth in the SEC in terms of the fewest sacks allowed. But Milroe doesn’t blame his offensive line when he’s dropped for a loss.

“I think our pass protection has been outstanding,” Milroe said. “We do a really good job of blitz pickup. We do a really good job with communication. 

“I believe that any sack that’s on the field is on the quarterback. I believe that the quarterback should solve problems. I feel as though it’s for the quarterback to have some integrity and have some details when it comes to communication up front, making sure we’re sliding to the right person, not being hot in protection, getting the ball out, not holding onto the ball.

Milroe continued, “I think they’re doing a really good job and they’re grinding, refining and competing at a very high level. I’m proud of those guys because they’re definitely gonna receive the fruits when it comes to all the hard work that’s been poured into each day during the week.”

Alabama will need to continue its recent trend this weekend when it travels to Oklahoma, as the Sooners rank third in the SEC with 32 sacks generated in their first 10 games in the league.

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But the Crimson Tide is ready for the challenge. 

Alabama’s offensive line is considered one of the best units in the country. It is a semifinalist for the Joe Moore Award, given to the nation’s top O-line, and has played some of its best football of late. In the last three games, Alabama’s front has paved the way for a combined 771 rushing yards and 13 touchdowns in decisive wins over Missouri, LSU and Mercer.

The Tide has won the Joe Moore Award twice since its inception (2015, 2020), and Brailsford knows what that takes, being a part of Washington’s Joe Moore-winning offensive line a season ago. He sees the same traits from the line he is anchoring in Year 1 at Alabama.

“Just the want to finish,” Brailsford said. “I feel like that’s one thing that’s really talked about in offensive line play. Just the want, the intent to really bury another man.”

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Nebraska Women’s Basketball Dominates North Alabama; Natalie Potts Leaves with Injury

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Nebraska Women’s Basketball Dominates North Alabama; Natalie Potts Leaves with Injury


A dominant win with a potential loss for Nebraska women’s basketball Tuesday evening.

No. 21 Nebraska hammered North Alabama 85-48 at Pinnacle Bank Arena. The Huskers improve to 5-0 while the Lions fall to 2-3.

NU led by 11 after the first quarter and inched that out to 13 midway through the second. That’s when disaster struck.

A turnover led to a fast break opportunity for North Alabama. Natalie Potts retreated to cut off the scoring chance, but when she turned to contest the shot, her knee gave way and she collapsed to the floor. She was eventually helped to the locker room as a number of teammates were visibly emotional.

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“She’s pretty upset,” Nebraska coach Amy Williams said after the game. “Her teammates are pretty upset. We’ll just kind of wait and see, once she’s had a chance to be evaluated, where we go from here.”

Potts returned in the second half to sit behind the bench in street clothes, aided by crutches. Williams said the doctors did not make an immediate determination of how long Potts will be out.

Back on the court, Nebraska continued to pull away, leading by as much as 39 before settling for the 37-point difference.

Nebraska shot 48.4% for the game, making 8-of-21 3s. North Alabama managed to shoot at just a 28.8% clip, including 7-of-18 from deep.

Five Huskers scored in double figures, including Callin Hake with a game-high 17 points. Jessica Petrie was next with 14 points, while Britt Prince and Alberte Rimdal each added 13.

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Nebraska heads on the road to Creighton Friday. Tip from Omaha is set for 4 p.m. CST on FloHoops. Subscriptions are $150 for a year or $30 for a month.

Box score

MORE: Carriker Chronicles: On Dylan Raiola, Matt Rhule and Saturday’s ‘Ugly Duckling Bowl’

MORE: By The Numbers: Nebraska Volleyball’s Winning Streak

MORE: College Football Playoff Rankings: Four Big Ten Teams in Top Five

MORE: Oregon Has Already Punched Its Ticket to the Big Ten Football Championship Game

MORE: Dana Holgorsen Dives Into Some of the Good and Bad of Nebraska’s Offense

Stay up to date on all things Huskers by bookmarking Nebraska Cornhuskers On SI, subscribing to HuskerMax on YouTube, and visiting HuskerMax.com daily.



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Alabama Community College Conference adds women’s flag football

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Alabama Community College Conference adds women’s flag football


MONTGOMERY, Ala. (WSFA) – The Alabama Community College Conference has launched women’s flag football as an official sport.

Women’s flag football is one of newest athletic offerings sanctioned by the National Junior College Athletic Association.

ACCC will offer the sport to female student-athletes beginning in the 2025-2026 academic year.

“This new and exciting sport is going to bring additional opportunities to female student-athletes and provide that additional opportunity for them to continue the sport that they love,” said ACCC Commissioner Dean Myrick.

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Myrick said women’s flag football has exploded on the parks and recreation level, as well as within the Alabama High School Athletic Association.

Once completion begins next fall, Alabama will feature the largest flag football conference in the NJCAA.

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