No. 22-6049

Kenneth Eugene Smith v. Alabama

Lower Court: Alabama
Docketed: 2022-11-14
Status: Denied
Type: IFP
IFP
Tags: capital-sentencing cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment jury-determination jury-override state-federal-practice
Latest Conference: N/A
Question Presented (from Petition)

Does executing a condemned person contrary to a capital sentencing jury's determination that he should be sentenced to life imprisonment without the possibility of parole violate the prohibition against cruel and unusual punishments under the Eighth and Fourteenth Amendments to the United States Constitution given that no State or the Federal Government permits the practice any longer?

Should this Court overrule Harris v. Alabama, 513 U.S. 504 (1995)?

Question Presented (AI Summary)

Does executing a condemned person contrary to a capital sentencing jury's determination that he should be sentenced to life imprisonment without the possibility of parole violate the prohibition against cruel and unusual punishments under the Eighth and Fourteenth Amendments to the United States Constitution given that no State or the Federal Government permits the practice any longer?

Docket Entries

2022-11-16
Application (22A423) referred to the Court.
2022-11-16
Petition DENIED.
2022-11-16
Application (22A423) for stay of execution of sentence to death presented to Justice Thomas and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2022-11-16
Reply of petitioner Kenneth Eugene Smith filed.
2022-11-16
Reply of applicant Kenneth Eugene Smith filed.
2022-11-15
Response to application from respondent Alabama filed.
2022-11-15
Brief of respondent Alabama in opposition filed.
2022-11-14
Application (22A423) for stay of execution of sentence of death, submitted to Justice Thomas.
2022-11-14

Attorneys

Kenneth Eugene Smith
Robert M. GrassArnold & Porter Kaye Scholer LLP, Petitioner
State of Alabama
Richard Dearman AndersonOffice of the Attorney General, State of Alabama, Respondent