CALL 205.538.3340

The Law Office of J.D. Lloyd Logo

AfterTheTrial.com... Because There’s Hope After the Trial

BLOG

After The Trial Blog

The After The Trial blog presents insights on ongoing and recent trials around the state of Alabama, including weekly criminal law round-ups.

Supreme Court Update - New Protections Against Executing The Mentally Disabled

J.D. Lloyd - Thursday, March 30, 2017

 

Moore v. Texas (U.S. Supreme Court, March 28/2017)

 

Moore was convicted of capital murder and sentenced to death. In post-trial proceedings, a circuit court concluded that Mr. Moore was intellectually disabled and, thus, ineligible for execution under Atkins v. Virginia, 536 U.S. 304 (2002) and Hall v. Florida, 572 U.S. ___ (2014). The circuit court based its decision on the most current medical guidelines. However, the Texas Court of Criminal Appeals (“CCA”) rejected that conclusion and re-instated Moore’s death sentence. The CCA concluded that the circuit court erred in not following factors laid out in Ex parte Briseno, 135 S. W. 3d 1( 2004), which relied upon medical authority from 1992. Moore appealed, claiming the CCA’s reasoning violated the Eighth Amendment.

 

REVERSED.

In Atkins, the Supreme Court opened the door to allow states to develop their own tests for determining intellectual disability and ineligibility for the death penalty. However, as the states have developed different tests, the Court has indicated it will review these procedures to determine whether the states have created “an unacceptable risk that persons with intellectual disability will be executed.” Hall v. Florida, 572 U.S. at ___. Here, the Court took aim at Texas’ Atkins test for determining intellectual disability which was centered around out-dated medical information and court-created “factors” that have been widely criticized.

 

In holding that Mr. Moore was ineligible for the death penalty under Atkins, the circuit court relied on medical diagnostic standards coming from the 11th edition of the American Association on Intellectual and Development Disabilities (“AAIDD”) clinical manual and the 5th edition of the Diagnostic and Statistical Manual of Mental Disorders (“DSM-5”) published by the American Psychiatric Association. The court followed the “generally accepted, uncontroversial intellectual-disability diagnostic definitions” in reaching their conclusion. Basically, the circuit court relied on the most up-to-date diagnostic material in assessing Moore.

 

The CCA rejected the circuit court’s conclusion and chastised it for not applying the Briseno test for determining intellectual disability. The Briseno test was based upon the 9th edition of the AAIDD and included a seven-factor test that was not grounded in any medical authority -- just a judicial creation. The CCA recognized that the standards in the AAIDD may have changed, but concluded that the Briseno test “remained adequately informed by the medical community’s diagnostic framework.”

 

The Supreme Court concluded that the CCA’s reliance on out-dated medical information and “factors” that have been widely criticized and rejected in the legal and medical community could not comport with the Eighth Amendment as well as Atkins and Hall. While the State’s have leeway in formulating their own approach to addressing Atkins claims, the cornerstone of any scheme must be “the medical community’s diagnostic framework.”

 

 

Read the decision here

 

 

If you or someone you know has been convicted of wrongful criminal charges, there is hope after the trial. Contact us today by clicking HERE.



 

Alabama's Lethal Injection Survives Another Challenge

J.D. Lloyd - Tuesday, February 21, 2017

 

 

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.

 

 

If you or someone you know has been convicted of wrongful criminal charges, there is hope after the trial. Contact us today by clicking HERE.


 

 

Alabama Death-Row Inmates Ask for SCOTUS Review

J.D. Lloyd - Friday, January 06, 2017

Today, the US Supreme Court is considering three cert petitions involving important questions challenging the Alabama capital sentencing scheme. Two challenges involve the Supreme Court’s 2016 ruling in Hurst v. Florida, which held that any fact necessary to expose a defendant to the death penalty must be found by a jury, not a judge.

 

Two cert petitions involve Tommy Arthur, a man who’s been on Alabama’s death row for 30 years. One petition is a Hurst-based challenge. In that petition, Arthur (1) makes a general challenge to Alabama’s scheme under Hurst; (2) argues Hurst requires a unanimous jury vote for death (his vote for death was 11-1); and (3) claims Hurst applies retroactively.

 

Arthur’s second petition raises Eighth Amendment claims against Alabama’s execution protocol.

 

The Court is also considering a cert petition from Jerry Bohannon. While I do not have a copy of Bohannon’s cert petition, I would imagine he is raising claims similar to those he presented to the Alabama Supreme Court in his case that was decided in September 2016. There, the Court rejected a number of Hurst claims, most notably Bohannon’s challenge that Hurst requires a jury to decide the weight of aggravating factors against mitigating factors.

 

In Alabama, a judge makes the final sentencing determination and must decide that the aggravating factors of a case outweigh the mitigating factors in order to sentence a defendant to death. Under Alabama law (which is grounded in pre-Aprendi/Ring SCOTUS decisions), the weighing of aggravators versus mitigators is purely a job for the judge, not the jury. A fairly clear and long line of cases has held that the Sixth Amendment does not require a jury to conduct this weighing. Hurst calls this thinking into question.

 

I’m bearish on either case’s chance. I think Arthur has a better shot on the Eighth Amendment issue than the Sixth Amendment issue, but I don’t think he’d have the votes to do anything. Bohannon’s weighing claim is somewhat blunted by the fact that the jury recommended death by a vote of 11-1, so whatever error he claims might be harmless. Moreover, I don’t believe he raised a claim that Hurst requires juror unanimity, which probably would have helped. The Court should wait on a better vehicle – an override case - to take that issue up.

 

However, should the Court take up Bohannon’s case on the weighing issue, I think there’s a good chance the Court would rule in Bohannon’s favor and hold that the Sixth Amendment requires a jury to determine the weight of aggravators versus mitigators. I think the votes are there. Ginsburg authored Ring, Sotomayor wrote a scathing dissent in the denial of cert in Woodward v. AL, a case that challenged override in the pre-Hurst era, Breyer believes the Eighth Amendment requires a jury to find everything (even if he doesn’t like Ring) and joined Sotomayor’s dissent in Woodward, and Kagan, Kennedy, Thomas and Roberts were in the majority in Hurst.

 

Even if the Court doesn’t take up one of these two cases, I believe the writing is on the wall that the Court will be forced to take a closer look at Alabama’s capital sentencing scheme either this term or next.

 

 

If you or someone you know has been convicted of wrongful criminal charges, there is hope after the trial. Contact us today by clicking HERE.



 

 

Is the Supreme Court going to reconsider the constitutionality of the death penalty?

J.D. Lloyd - Friday, January 15, 2016
A death-row Pennsylvania defendant has asked the United States Supreme Court to reconsider the constitutionality of the death penalty. Relying upon the Eighth Amendment’s ban on “cruel and unusual punishment,” Shonda Walter contends that the time has come for the Court to end the practice once and for all.
 
Ms. Walter makes two arguments in petition asking the Supreme Court for review. First, she argues our standards of decency have evolved to a point where the death penalty is no longer “constitutionally sustainable.” Her petition cites the declining frequency in which the death penalty is imposed, the declining number of states where the death penalty is actually carried out, and the growing international consensus against the death penalty.
 
Second, Ms. Walter argues the legal framework surrounding the imposition of the death penalty is broken. Specifically, she contends that since the death penalty was reinstated almost 40 years ago, our laws have failed to ensure a system that’s reliable, consistent, not-arbitrary and “equally just.”
 
We could hear very soon whether the Supreme Court is going to revisit whether it’s time to do away with the death penalty in the United States. It only takes four justices to agree to hear a case. Just last term, Justice Stephen Breyer argued in decision that the Court should consider the constitutionality once again.
 
For anyone interested in this battle, I'd highly encourage you to read Ms. Walter's petition by clicking HERE.
 

Recent Posts


Tags

eugene lee jones v state eleventh circuit ruling public assistance fraud benjamin todd acton Sardis Alabama murder state of arizona serial birmingham alabama smith v state ake v oklahoma prostitution sting bessemer alabama bernard v north dakota keith v state cherokee county alabama south carolina assault rainbow city alabama lethal injection underage drinking death penalty, Thomas Hardiman anniston alabama, concealed carry beylund v north dakota Stephen Breyer Samuel Alito breaking and entering Alonzo Ephraim fort payne alabama abandonment shooting death SCOTUS, car accident talladega superspeedway kimberly alabama Walker County Alabama illegal gambling abduction 28 U.S.C. § 2254 aiding and abetting boaz alabama peyton pruitt huntsville robberies Fentanyl 2016 election, capital punishment forced isolation Mike Hubbard mccalla alabama Marengo County Alabama editorial criminal justice apprendi v new jersey trussville alabama adger alabama brendan dassey alabama supreme court blount county alabama alfonso morris ex parte briseno Glaze v State theft of property Eutaw Alabama gadsden alabama minor offenses Briarwood Presbyterian Church pinson alabama texas Shonda Walker, constitutional violations mountain brook alabama hurst v florida christmas shooting moore v texas jerry bohannon Adamsville alabama abuse baldwin county alabama sexual assault gun rights fraud New York Times arson levins v state Joshua Reese operation bullseye drug crimes Rule 32 sentencing law and policy blog summaries drug seizure sarah koenig marion county ferguson missouri shooting terell corey mcmullin home repair fraud birchfield v north dakota department of justice, operation crackdown theft alabama criminal law roundup § 13A-3-23 identity theft aziz sayyed self defense eighth amendment, huntsville alabama William Pryor adnan syed, decatur alabama asia mcclain warrantless blood draws cullman alabama constitutional law, scotus pelham alabama Justice Sotomayor st clair county alabama springville alabama maryland court of special appeals death penalty attempted murder fairfield alabama, drug busts madison alabama stanley brent chapman Jefferson County Alabama Tracie Todd christian guitierez drug activity warrior alabama lamar county hoax destructive devices narcotics investigation battles v state brookside alabama tarrant alabama capital offenses mike gilotti OJ Simpson Made in America CCA update npr homicide rate Tommy Arthur Donald Trump, church robberies state of alabama fraudulent checks hurst mandamus kenneth eugene billups hanceville alabama making a murderer kidnapping unlawful manufacturing judicial override shelby county capital murder mobile alabama burglary russell calhoun hoover alabama campbell v state steve avery florence alabama debtor prison foley alabama clarence thomas utah supreme court fultondale alabama embezzlement Kareem Dacar Gaymon armed robbery felony assaults Guy Terrell Junior court of criminal appeal releases gun control Malone v State economic growth Neil Gorsuch Hillary Clinton, heflin alabama stoves v state department of justice dothan alabama Etowah County Alabama, sheffield v state mulga alabama animal cruelty Gardendale Alabama West Alabama pruitt v state alabama law enforcement agency nicholas hawkins street racing implied consent greene county alabama sixth amendment fake kidnapping, Xavier Beasley Lucky D Arcade executions parole Benn v State midazolam lethal injection drugs drug trafficking, alabama towles v state utah v strieff banville v state hall v florida strickland v washington lauderdale county alabama habeas corpus relief domestic abuse § 13A-3-23(d) immunity hearing oneonta alabama fourth amendment ring v arizona Alabaster alabama pell city alabama negligent homicide court systems, Ingmire v State heritage christian university brendan dassey, steve avery, making a murderer, scotus, netflix drug smuggling mount olive alabama limestone county alabama endangerment of a child second amendment dekalb county alabama albertville alabama moving violations eric sterling Woods v State montgomery alabama shoplifting Dylann Roof dora alabama tuscaloosa alabama the mannequin challenge brian fredick lucas LWOP Wesley Adam Whitworth baltimore city circuit court criminal justice reform, edwards v arizona betton v state Easter avondale alabama debit card skimming scams Pleasant Grove Alabama mcwilliams v dunn calhoun county alabama legende v state bailey v us john earle redfearn IV v state domestic violence OJ Simpson netflix homicide nathan woods road rage crime of passion drug possession, court of criminal appeals illegal gun carry brady v maryland US Supreme Court Update social media criminal mischief morris alabama Kay Ivey blountsville alabama bomb threat morgan county alabama

Archive

DISCLAIMER

These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among  other factors. Furthermore, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Get Free Legal Advice  Contact us for a complimentary legal consultation

I am interested in scheduling a free legal consultation and receiving additional information.

Submitting Form...

The server encountered an error.

Thank you, your  entry has been  received.

© 2017 The Law Office of J.D. Lloyd, LLC. All Rights Reserved. |

 

As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.