By Ivana Hrynkiw
al.com
MONTGOMERY, Ala. — A change in the way Alabama sets execution dates for inmates sitting on death row was approved Thursday by the state’s highest court, allowing for an execution warrant to be issued for a time frame rather than a single day.
The Alabama Supreme Court on Thursday approved a rule change allowing the governor to choose the timing of an execution, according to the court’s order published Friday.
The new rule reads in part: “The supreme court shall at the appropriate time enter an order authorizing the Commissioner of the Department of Corrections to carry out the inmate’s sentence of death within a time frame set by the governor, which time frame shall not begin less than 30 days from the date of the order...”
Prior to the court’s order, the rule had read like this: “The supreme court shall at the appropriate time enter an order fixing a date of execution, not less than 30 days from the date of the order...”
Gov. Kay Ivey’s communications director Gina Maiola released a statement on Friday morning. “I view this as a win for justice,” she said.
“As we initially interpret the order, it secures an extended time frame, which was a primary request of the governor’s. Our team plans to put our heads together with ADOC officials to more closely review the order. We remain in discussion with ADOC’s team as the execution procedure review process continues, and we look forward to the resolution in the near future.”
The Alabama Attorney General’s Office declined to comment or clarify the rule change.
Prior to the Alabama Supreme Court’s ruling, execution warrants in the state were only valid for the day noted on the court order.
The rule change goes into effect immediately.
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There hasn’t been an execution set in Alabama since Kenneth Smith’s execution was called off just before midnight on Nov. 17, 2022. The state called off the lethal injection after not being able to find veins to start the intravenous lines needed for the three-drug cocktail, which had to be done before midnight when the execution warrant expired.
Another execution— that of Alan Miller— was called off in September for similar reasons.
There are currently 166 inmates sitting on Alabama Death Row.
On Nov. 21, Ivey ordered a halt to all executions in Alabama and said the Alabama Attorney General’s Office wouldn’t be seeking new execution dates from the state supreme court while a “top-to-bottom” internal review of the process was ongoing.
“For the sake of the victims and their families, we’ve got to get this right,” said Ivey in a press release announcing the moratorium. “I don’t buy for a second the narrative being pushed by activists that these issues are the fault of the folks at Corrections or anyone in law enforcement, for that matter. I believe that legal tactics and criminals hijacking the system are at play here.”
Later, Ivey penned a letter to the Alabama Supreme Court asking the justices to change the state’s longstanding rule that executions are restricted by court order to a single day.
Alabama Attorney General Steve Marshall said about the governor’s announcement, “there’s only two parties involved in setting an execution in Alabama. That’s me as attorney general and our Alabama Supreme Court.”
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