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State And Federal Info

Alabama

History of the Death Penalty

Alabama’s first execution was carried out in 1812. From 1812 to 1927, the primary method of execution was hanging. In 1927, the electric chair, known as “Yellow Mama,” was introduced. Today, the primary method is lethal injection, although inmates convicted prior to 2002 can choose to be executed by electrocution or lethal injection.

Timeline

1812 – First known execution in Alabama, Eli Norman hung for murder.

1927 – Alabama replaces hanging with electrocution as its method of execution.

1972 – The Supreme Court strikes down the death penalty in Furman v. Georgia.

1976 – Alabama passes a law reinstating capital punishment. The Supreme Court soon after reinstates the death penalty when it upholds Georgia’s statute in Gregg v. Georgia.

1983 – John Evans III is the first person executed in Alabama after Gregg.

2002 – Alabama electrocutes Lynda Lyon Block, the last person to undergo that punishment involuntarily in the state. Alabama subsequently made lethal injection its default execution method, but continued to allow inmates to select electrocution.

Famous Cases

In 1931, nine black boys were charged with raping two white girls. They were tried in Scottsboro, Alabama, and became known as the Scottsboro Boys. All-white juries sentenced eight of the boys to death. The cases were heard by the U.S. Supreme Court in Powell v. Alabama (1932), the landmark case which guarantees the right to counsel in a capital trial. After numerous retrials, only one of the boys was sentenced to death, but his sentence was later commuted to life in prison.

Cornelius Singleton, an inmate with an IQ of 55, was executed November 20, 1992.

Darrell B. Grayson, an African-American man, was convicted by an all-white jury for the murder of a white woman. The Innocence Project sought DNA testing in Grayson’s case, saying that testing not available at the time of his trial might prove him innocent. Requests for new testing were denied, and Grayson was executed on July 26, 2007.

Holly Wood was executed September 9, 2010 despite evidence that he was intellectually disabled, and therefore exempt from execution. His lawyer did not present evidence of Wood’s low IQ during Wood’s original trial. A federal District Court overturned Wood’s sentence, but the U.S. Supreme Court agreed with the ruling from the U.S. Court of Appeals for the Eleventh Circuit that Wood failed to show that the lawyers were constitutionally ineffective.

Walter Moody was executed April 19, 2018. At 83 years old, Moody was the oldest person and only octogenarian put to death in the United States since executions resumed in 1977.

Dominique Ray was executed February 2, 2019 without his chosen religious advisor present. Alabama’s execution protocol mandated that a prison chaplain—and no other religious adviser—be present in the execution chamber, but the state employed only Christian chaplains. Ray, who was Muslim, requested that an imam be allowed in the execution chamber. In a contentious 5-4 decision, the U.S. Supreme Court vacated a federal appeals court stay of execution and permitted Alabama to carry out the execution.

Notable Exonerations

Walter McMillian was sentenced to death in 1988 despite the jury’s recommendation for a life sentence. An investigation by 60 Minutes uncovered prosecutorial misconduct and perjury by witnessess. McMillan was released from prison in 1993.

Anthony Ray Hinton was exonerated in 2015 after having spent 30 years on death row. He was sentenced to death by the court in the 1985 murders of two fast-food restaurant managers, after a 10-2 recommendation of death by the jury. The prosecutor (who was white) had a documented history of racial bias, and claimed he could tell Hinton (who is black) was guilty and “evil” just by looking at him. Hinton was arrested after a victim in a similar crime erroneously identified him in a photo array, even though Hinton proved he was at work 15 miles away when that murder took place. The conviction was based in large part upon scientifically invalid testimony of a state forensic examiner that the bullets in the two murders came from a gun that was found in Hinton’s house. In 2002, three leading firearms examiners testified that the bullets used in the murders could not be matched to Hinton’s gun, and may not have come from a single gun at all. For the next thirteen years, Alabama nevertheless continued to oppose efforts to overturn his conviction and death sentence.

Milestones in Abolition/Reinstatement

Senator Hank Sanders has introduced a moratorium bill for the past 10 years. Representative Merika Coleman has introduced a moratorium bill for the past 5 years.

Other Interesting Facts

Until 2017, Alabama allowed the practice of judicial override, in which judges could override a jury’s sentencing recommendation even when the jury had recommended a life sentence. Alabama still allows a judge to impose a death sentence without a unanimous jury recommendation for death if at least 10 of 12 jurors recommend a death sentence.

From 1927-1976 there were 153 executions. Of those, 126 were African American, 27 were Caucasian. 3 were female.

Alabama is the only state whose anti-death penalty organization (Project Hope to Abolish the Death Penalty) was founded by death row inmates in 1989. The Chairman and Board are at Holman on death row.

The Edmund Pettus Bridge in Selma, scene of Civil Rights Bloody Sunday, March 7, 1965.  Photo by Esther Brown.
The Edmund Pettus Bridge in Selma, scene of Civil Rights Bloody Sunday, March 7, 1965. Photo by Esther Brown.

Resources

  • American Bar Association Alabama Death Penalty Assessment Report
  • Project Hope to Abolish the Death Penalty
  • Equal Justice Initiative
  • Deparment of Corrections
  • Alabama Dept. of Corrections list of inmates currently on death row
  • Prosecutors

Alabama Execution Totals Since 1976

News & Developments


Innocence

May 18, 2022

Alabama Appeals Court Rules Trial Court Did Not Abuse Discretion in Denying New Trial for Death-Row Prisoner Toforest Johnson

Ignoring entreaties from judges, pros­e­cu­tors, and state bar pres­i­dents, the Alabama Court of Criminal Appeals has denied a new tri­al to death-row pris­on­er Toforest Johnson. On May 6, 2022, the state appeal…

Alabama Appeals Court Rules Trial Court Did Not Abuse Discretion in Denying New Trial for Death-Row Prisoner Toforest Johnson

Capital Case Development

Feb 14, 2022

Federal Court Overturns Death Sentence of Alabama Death-Row Prisoner Whose Abandonment by Counsel Led to Supreme Court Ruling

A fed­er­al dis­trict court has over­turned the death sen­tence of an Alabama death-row pris­on­er whose aban­don­ment by his state post-con­vic­tion coun­sel led to a U.S. Supreme Court deci­sion on the right of access to fed­er­al habeas corpu…

Federal Court Overturns Death Sentence of Alabama Death-Row Prisoner Whose Abandonment by Counsel Led to Supreme Court Ruling

Intellectual Disability

Jan 28, 2022

Divided Supreme Court Vacates Injunction, Permits Alabama to Execute Intellectually Disabled Prisoner

A divid­ed U.S. Supreme Court vot­ed 5 – 4 on January 27, 2022 to allow Alabama to exe­cute an intel­lec­tu­al­ly dis­abled death-row pris­on­er, vacat­ing an injunc­tion issued by a fed­er­al dis­trict court on January 7 and unan­i­mous­ly upheld by a pan­el of the U…

Divided Supreme Court Vacates Injunction, Permits Alabama to Execute Intellectually Disabled Prisoner

Intellectual Disability

Jan 10, 2022

Alabama Federal Court Issues Injunction Against Executing Matthew Reeves by Any Method but Nitrogen Hypoxia

An Alabama fed­er­al judge has issued an order halt­ing the sched­uled January 27, 2022 exe­cu­tion of Matthew Reeves (pic­tured). On January 7, Judge R. Austin Huffaker of the U.S. District Court for the Middl…

Alabama Federal Court Issues Injunction Against Executing Matthew Reeves by Any Method but Nitrogen Hypoxia

Arbitrariness

Dec 17, 2021

“Right Too Soon” Study: One in Seven Prisoners Put to Death in U.S. Had Legal Issues that Make Their Executions Unconstitutional

At least one in sev­en death-row pris­on­ers put to death in the United States since exe­cu­tions resumed in 1977 had legal claims in their cas­es that would ren­der their exe­cu­tions uncon­sti­tu­tion­al, a new Cornell University Law School study shows. …

“Right Too Soon” Study: One in Seven Prisoners Put to Death in U.S. Had Legal Issues that Make Their Executions Unconstitutional

Race

Dec 14, 2021

Alabama Judicial Disciplinary Court Suspends Judge Who Declared State’s Death Penalty Unconstitutional, Saying She Disregarded Appellate Decisions and Abandoned Neutrality

The Alabama Court of the Judiciary has sus­pend­ed for 90 days with­out pay an African-American tri­al judge who declared the state’s death penal­ty statute uncon­sti­tu­tion­al and crit­i­cized appel­late review of some death penal­ty cas­es a…

Alabama Judicial Disciplinary Court Suspends Judge Who Declared State’s Death Penalty Unconstitutional, Saying She Disregarded Appellate Decisions and Abandoned Neutrality

Lethal Injection

Nov 29, 2021

Alabama Death-Row Prisoner Doyle Hamm, Who Survived Botched Execution Attempt, Dies of Cancer

Alabama death-row pris­on­er Doyle Lee Hamm (pic­tured), whose botched executio…

Alabama Death-Row Prisoner Doyle Hamm, Who Survived Botched Execution Attempt, Dies of Cancer

Clemency

Nov 01, 2021

‘I Asked God to Forgive Me’: Former Alabama Governors Express Doubts About Capital Punishment

Two for­mer Alabama gov­er­nors, one a Democrat and one a Republican, have expressed seri­ous doubts about the death penal­ty in the state and across the coun­try. In inter­views with Birmingham tele­vi­sion reporter Lee Hedgepeth …

‘I Asked God to Forgive Me’: Former Alabama Governors Express Doubts About Capital Punishment

Intellectual Disability

Oct 21, 2021

Alabama Executes Intellectually Disabled Death-Row Prisoner

Alabama has exe­cut­ed an intel­lec­tu­al­ly dis­abled death-row pris­on­er who was sen­tenced to death by his tri­al judge despite a non-unan­i­mous sen­tenc­ing rec­om­men­da­tion by his jury. Willie B. Smith III was exe­cut­ed by t…

Alabama Executes Intellectually Disabled Death-Row Prisoner

Intellectual Disability

Oct 19, 2021

Intellectually Disabled Alabama Death-Row Prisoner Appeals Denial of Stay of Execution, Arguing Designation of Lethal Injection Violated Americans With Disabilities Act

An intel­lec­tu­al­ly dis­abled Alabama death-row pris­on­er has appealed a fed­er­al dis­trict court rul­ing that clears the way for his exe­cu­tion on October 21, 2021. On October 17, a fed­er­al dis­trict court judge denied for a secon…

Intellectually Disabled Alabama Death-Row Prisoner Appeals Denial of Stay of Execution, Arguing Designation of Lethal Injection Violated Americans With Disabilities Act
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stories

Capital Case Roundup — Death Penalty Court Decisions the Week of June 21, 2021

news

Alabama Appeals Court Rules Trial Court Did Not Abuse Discretion in Denying New Trial for Death-Row Prisoner Toforest Johnson

Alabama Appeals Court Rules Trial Court Did Not Abuse Discretion in Denying New Trial for Death-Row Prisoner Toforest Johnson

View Information by State

Additional Information


  • Death Penalty: Yes
  • Number of Executions Since 1976: 69
  • Number of Executions Before 1976 (may include federal and military executions): 708
  • Current Death Row Population: 170
  • Women on Death Row: 5
  • Number of Innocent People Freed From Death Row: 7
  • Number of Clemencies Granted: 1
  • Date of Reinstatement (Following Furman v. Georgia): May 2, 1976
  • First Execution After Reinstatement: April 22, 1983
  • Location of Death Row: Holman Prison, Atmore (main), William E. Donaldson Prison near Birmingham (secondary), Tutwiler Prison (women)
  • Location of Executions: Holman Prison, Atmore
  • Capital: Montgomery
  • Region: South
  • Population: 4,903,185
  • Murder Rate (per 100,000 population): 7.3
  • Is Life Without Parole an Option?: Yes
  • Can a defendant get death for a felony in which s/he was not responsible for the murder?: No
  • Method of Execution: Choice of Lethal Injection or Electrocution
  • How is Sentence Determined?: Judge can impose death if at least 10 jurors vote for death
  • Clemency Process: Governor has authority to grant clemency after considering recommendation of Board
  • Governor: Kay Ivey

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