在十月 17, a preliminary injunction seeking to stop his execution regarding his choice of execution method was denied in federal court.
A state law went into effect in 2018 that allowed for death row inmates to elect death by nitrogen hypoxia instead of lethal injection, the default method of execution. Court records show that Smith received the form to choose, but didn’t make the election during a 30-day opt-in period.
Because Smith suffers from “significant cognitive deficiencies,” his motion for preliminary injunction alleged he was unable to “enjoy the benefit of the statute and the election form” without being aided with comprehension of the form and its contents. According to the ruling, Smith’s attorneys asserted that he was unable to fill out the form because he has an IQ between 64 和 72.
Chief US District Judge Emily Marks ruled, “Because Smith has not shown a substantial likelihood of success on the merits of his ADA (Americans with Disabilities Act) 要求, and because the equities weigh against him, Smith has not met his burden of establishing his right to a preliminary injunction.”
政府. Kay Ivey said in a statement following the execution, “The evidence in this case was overwhelming, and justice has been rightfully served. The carrying out of Mr. Smith’s sentence sends the message that the state of Alabama will not tolerate these murderous acts. I pray that the loved ones of Ms. Johnson can be closer to finding peace.”