This last-ditch effort comes days after the Alabama Supreme Court decided to not postpone Smith’s execution which is set for Thursday at Holman prison.
BIRMINGHAM, Ala. -Alabama is set to execute a north Alabama man this week for a murder for hire plot in the late 1980′s. Kenneth Eugene Smith is now fighting to stop the execution. The 11th Circuit Court of Appeals is set to hear the case Wednesday afternoon.
Smith’s attorneys asking the courts on Monday to stay his execution. In 1996, a judge sentenced Smith to die despite a jury’s 11-1 recommendation of life in prison through judicial override. The state abolished that override in 2017 but the change was not retroactive and didn’t impact death row inmates like Smith. His attorneys are asking the court to review whether the death sentence made over the jury’s wishes is constitutional.
Smith was first convicted in 1989 in the death of Elizabeth Sennett. He received the death sentence but that was overturned on appeal in 1992. He was retried and convicted again, but as mentioned, a judge overrode the jury’s recommendation and sentenced Smith to death.
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