The Supreme Court will hear an appeal from Alabama’s Attorney General’s Office in its push to execute an intellectually disabled man, according to an order released early on Friday.

Joseph Clifton Smith, now 54, was sentenced to death for a decades-old murder — a decision that continues to be challenged in court.

In 1997, Smith beat Durk Van Dam to death with a hammer and a saw in Mobile County to steal his boots, tools and $140, Reuters reported. Van Dam’s body was found in his truck in an isolated wooded area.

Lower federal courts found Smith is intellectually disabled and can’t be executed. People who are intellectually disabled are protected from the death penalty following a Supreme Court ruling from 2002.

But this fall, the Supreme Court will hear arguments about what to do in cases when IQ scores are slightly above the widely accepted 70-point marker to determine if someone is intellectually disabled.

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When a federal appeals court ruled in May 2023 that Smith could not be executed due to his intellectual disability, it detailed how he struggled in school from an early age.

Since first grade, Smith struggled in school, and when he underwent an intellectual evaluation he received an IQ score of 75, CNN reported at the time, citing the appeals court.

In fourth grade, Smith was placed in a learning-disability class.

“After that placement, Smith developed an unpredictable temper and often fought with classmates. His behavior became so troublesome that his school placed him in an ‘emotionally conflicted classroom,”’ the appeals court wrote in its ruling.

Smith dropped out of school after failing seventh and eighth grade and then spent “much of the next 15 years in prison” for crimes of burglary and receiving stolen property, according to the ruling.

The appeals court said Smith confessed to killing Van Dam and that he “offered two conflicting versions of the crime.”

Smith first said he watched Van Dam be killed, and then he said he took part in his murder but didn’t mean to kill him, according to the appeals court.

The Alabama Attorney General’s office decried the appeals court’s ruling, saying at the time, according to CNN, “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.”

The Supreme Court will now consider making it harder for convicted murderers to show their lives should be spared because they are intellectually disabled.

Over 400 rising high school seniors gathered at the University of Alabama for the 83rd session of the American Legion Auxiliary Alabama Girls State program.

Throughout the week of June 1-6, delegates gained hands-on experience in a model state government. Participants wrote bills, debated them on the House and Senate floor, participated in party caucuses and ran for office. They also heard from a variety of speakers including Gov. Kay Ivey, a former Girls State lieutenant governor, and U.S. Sen. Katie Britt, who was elected Girls State governor in 1999.

The session was scheduled to culminate with a trip to Montgomery to visit with elected officials, hold lawmaking sessions at the State House and tour the Capitol, the Alabama Supreme Court and Governor’s Mansion.

Organizers say the Girls State program provides delegates with a better understanding of how government works and a sense of patriotism while building self-confidence and lasting friendships.

More: Boys State at University of Alabama aims to create good citizens

“Alabama Girls State is a fun-filled, hands-on learning opportunity in good citizenship training for some of the best and brightest young women in the State of Alabama. Sponsored by the American Legion Auxiliary, Alabama Girls State is a premier youth leadership program which offers a one-of-a-kind experience to its delegates,” said Lee Sellers, program director, in news release.

This year featured the largest delegation of girls to have ever attended Alabama Girls State, with the more than 400 rising seniors representing high schools throughout Alabama.

UA also hosted the Boys State program May 25-31. This year marks the first time UA has hosted Boys and Girls State since 2021.

Ivey spoke to delegates June 5 at Moody Music Building on the University of Alabama campus.

During her remarks, Ivey shared her personal experiences at Girls State and how the program has influenced her political career.

“My time here at Girls State has allowed me to mentor and to be mentored by women across every corner of the state of Alabama, forming friendships that are not just good and strong, but long-lasting,” Ivey said.

After graduating from Auburn University in 1967, worked as a high school teacher and a bank officer. She served as reading clerk for the Alabama House of Representatives under then-Speaker Joseph C. McCorquodale and she served as assistant director at the Alabama Development Office

In 2002, Ivey was elected to the first of two terms as Alabama’s treasurer and in 2010, she was elected to the first of two terms as lieutenant governor. On April 10, 2017, Ivey was sworn in as Alabama’s 54th governor after the resignation of Robert Bentley. She filled out the rest of Bentley’s term before winning the gubernatorial election in 2018 and she was re-elected in 2022.

She is the first Republican woman to serve as Alabama’s governor but she’s the second woman to hold the state’s top executive office. Tuscaloosa County native Lurleen B. Wallace, a Democrat, became Alabama’s first female governor in 1966.

Ivey emphasized the importance of citizenship, the constitution and the military during her Girls State speech.

Ivey said she doesn’t let being a female in a male-dominated field discourage her and she encouraged delegates to pursue their goals.

Ivey said she believes that success should be measured by a person’s qualifications and not their gender.

“I strongly believe that whoever is the most-qualified person should be the one to get the job. And as I like to say, sometimes the best man for a job is a woman,” Ivey said.

Ivey concluded her speech by inspiring the delegates to carry the values of Girls State into their future endeavors.

More: Accessing local journalism is even easier with the News app

“Girls State is not just a week. It’s a state of mind, an attitude and a way of thinking that has stuck with me my entire life,” said Ivey, who grew up in the town of Camden in Wilcox County.

“…. (You should) leave Girls State this week with an understanding of the beauty of our democracy is that all people, even a girl, from a little town in Wilcox County can make a difference if we try,” she said.

Reach Jasmine Hollie at JHollie@gannett.com.   

One year into replacing college football’s most accomplished head coach, Kalen DeBoer led Alabama to a 9-4 record, missed out on the playoff, and lost to a subpar Michigan team in the bowl game.

Now he faces one major hurdle as he looks to rebound from that debut, according to an anonymous SEC football coach.

“The biggest question will be quarterback, obviously,” an SEC coach said to Athlon Sports.

“But they have a really solid offensive line, and the roster doesn’t have any obvious holes to fill. They’re going to compete for a playoff spot, for sure.”

They better, if DeBoer wants to avoid kicking off some early speculation about his job security, but how he and new co-offensive coordinator Ryan Grubb address the Jalen Milroe-sized hole in their offense will be critical.

Milroe’s departure leaves Alabama with a dilemma as to who will lead its offense, although former five-star prospect Ty Simpson emerged as the heir apparent this offseason, earning some high praise from Grubb, in particular.

Simpson would be the Crimson Tide’s starting quarterback if they played a game today, Grubb revealed after spring football was complete.

Although he added: “It wasn’t perfect this spring, but I thought we were trending the right way the entire time.”

Simpson was a near-consensus five-star prospect in 2022, considered the No. 2 quarterback and No. 25 overall player, according to an average of the four national recruiting services.

The quarterback was also named the No. 2 player from the state of Tennessee.

But Simpson isn’t the only option Alabama has to look at. Austin Mack, a transfer from DeBoer’s program at Washington, and incoming five-star freshman Keelon Russell are also pushing for QB1 consideration.

Russell was the No. 2 overall prospect, second-ranked quarterback, and top player from the state of Texas, per an average of the national recruiting rankings.

For the moment, it seems Simpson has the seniority to occupy the top of Alabama’s leaderboard, but whoever takes the reins will be under enormous pressure.

Going 9-4 isn’t going to be tolerated at Alabama for very long.

“The expectations define this place,” another SEC coach said.

“I think you’ll see a competitive program that could end up in Atlanta and make the playoff, but this is a new era. Bama’s not a surefire lock every season.”

(Athlon)

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