[Deathpenalty] death penalty news----TEXAS, PENN., N.C., FLA., ALA.

[Rick Halperin]

Feb. 10




TEXAS----new execution date

Killer at Dallas-area Subway store holdup set to die in May


A 42-year-old man sent to death row for a fatal shooting during a Dallas-area 
sandwich shop robbery in 2002 has received an execution date.

Texas Department of Criminal Justice spokesman Jason Clark said Tuesday 
convicted killer Terry Darnell Edwards is scheduled for lethal injection May 
11. The U.S. Supreme Court in November refused to review his case.

Edwards was convicted of killing 26-year-old Mickell Goodwin at a Balch Springs 
Subway store where she worked. The store manager, 34-year-old Tommy Walker, 
also was gunned down.

Evidence showed Edwards had been fired from the sandwich store a few weeks 
before the July 2002 shootings. About $3,000 was taken in the holdup.

Edwards is among 10 inmates scheduled for execution in the coming months in 
Texas, the nation's most active death penalty state.

(source: Associated Press)

*********

Executions under Greg Abbott, Jan. 21, 2015-present----15

Executions in Texas: Dec. 7, 1982----present-----533

Abbott#--------scheduled execution date-----name------------Tx. #

16---------February 16--------------Gustavo Garcia--------534

17---------March 9------------------Coy Wesbrook----------535

18---------March 22-----------------Adam Ward-------------536

19---------March 30-----------------John Battaglia--------537

20---------April 6------------------Pablo Vasquez---------538

21---------April 27-----------------Robert Pruett---------539

22---------May 11-------------------Terry Edwards---------540

23---------June 2-------------------Charles Flores--------541

24---------July 14------------------Perry Williams--------542

(sources: TDCJ & Rick Halperin)

**************

Man Found Incompetent for Trial in Houston Deputy's Death


A Houston man accused of fatally shooting a sheriff's deputy at a gas station 
last summer has been ruled mentally incompetent to stand trial for capital 
murder.

State District Judge Susan Brown ordered 31-year-old Shannon Miles be sent to a 
mental hospital. After four months of medication and treatment, his competency 
will be re-evaluated.

Harris County prosecutors Tuesday didn't dispute arguments from Miles' lawyers 
that he's schizophrenic and doesn't understand the seriousness of the legal 
proceedings.

Miles is a charged in the Aug. 28 slaying of Harris County Deputy Darren 
Goforth. The deputy was shot 15 times while putting gasoline in his patrol car. 
If convicted, Miles could face the death penalty.

Records show Miles has been committed to mental health facilities at least 
twice in recent years.

(source: Associated PressP

*******************

Prosecutors said this death row inmate was dangerous because he's black. Now 
he's asking the Supreme Court for a new trial


20 years ago, a psychologist testified that a Texas man facing the death 
penalty was more dangerous because he was black. Now, after years of legal 
wrangling, he???s facing his last chance to get the death sentence overturned.

In 1995, Duane Buck shot and killed his former girlfriend and her friend in 
Houston. He never contested his guilt. During his trial, Buck's defense 
attorney called a psychologist named Walter Quijano to testify. On direct 
examination, Quijano noted that blacks and Latinos were "over-represented in 
the criminal justice system." Then on cross-examination, the prosecutor asked 
Quijano if "the race factor, black, increases the future dangerousness for 
various complicated reasons." Quijano said yes.

Based on that testimony, Buck asked the Supreme Court to give him a new trial 
in a petition filed last week. His attorneys argue that because Buck's lawyer 
at the time did not object to this testimony, he should get a 2nd hearing on 
the grounds of ineffective assistance of counsel, a violation of his Sixth 
Amendment rights.

In order to sentence an inmate to die, Texas law requires a jury to find that 
they will be a danger to the public in the future. The prosecutor stressed 
Quijano's testimony about Buck's race during his closing argument, and the jury 
sentenced him to death.

"He was basically saying because you're black, you need to die," Buck told a 
documentary filmmaker. "My lawyer didn't say anything and nobody else, you 
know, the prosecutor or the judge, nobody did. It was like an everyday thing in 
the courts."

Quijano testified about black people being especially dangerous in 6 death 
penalty cases. The Texas Attorney General - now-U.S. Senator - John Cornyn 
admitted in 2000 that Quijano's race-based testimony was "inappropriate." The 
other 5 defendants sentenced to death after his testimony have all received new 
hearings, but prosecutors continue to object to a hearing for Buck.

It's unclear whether Quijano is still practicing. Phone calls to a number 
listed in his name did not go through.

The Supreme Court stayed Buck's execution in 2011 but then denied him a new 
trial. In a dissent of that decision, Justice Sonia Sotomayor wrote that the 
trial was "marred by racial overtones." Buck's lawyers hope that new precedents 
set since then guaranteeing adequate legal representation will result in a 
different verdict this time.

While Buck's case is certainly an egregious example of a death penalty 
injustice, it's hardly unique. In Houston's Harris County, black defendants are 
more than twice as likely than white defendants to receive the death penalty. 
And advocates have long complained that people facing execution in the state 
don't always receive adequate legal counsel.

Even if the Court eventually grants Buck a new hearing, it's a long shot that 
would mean a change in sentence. The other 5 defendants who got new hearings 
were re-sentenced to death. But Kate Black, Buck's new attorney, said that she 
thought her client has a better chance.

Buck has been on death row for 18 years without getting a single disciplinary 
violation, she said. "As someone who's represented a number of death row 
inmates, that's incredibly unique," Black said. "I think if the jury heard 
about the way he's conducted himself they would see how wrong that prediction 
about dangerousness was."

A decision from the Court is expected later this spring.

(source: fusion.net)






PENNSYLVANIA:

Easton murder suspect can't fire 'corrupt' lawyers, judge rules----Lawyer 
request denied


An Easton murder suspect isn't entitled to new lawyers in his death-penalty 
case, though he calls his defense team "bums" and "corrupt," a Northampton 
County judge ruled Tuesday.

Last week, Jeffrey S. Knoble Jr. sought to fire his public defenders, 
complaining they were pressing him to accept a plea bargain in which he would 
admit to murder and accept a sentence of life in prison without parole.

? But in a 4-page decision Tuesday, Judge Emil Giordano denied Knoble's 
request, finding the 26-year-old Riegelsville man was making vague and 
unsubstantiated allegations that failed to prove his relationship with his 
lawyers was irreconcilably broken.

The right to a free attorney doesn't include the right to pick the lawyers of 
your choosing, Giordano said, and without more specific allegations, Knoble 
cannot be allowed to "attorney shop."

The ruling came 4 days after Knoble lashed out in court against Chief Public 
Defender Robert Eyer and the two experienced public defenders assisting him, 
Matthew Goodrich and Matthew Potts. The hearing Friday came after Knoble wrote 
letters to Giordano and the case's prosecutor, charging his defense team had 
"sold me out" and wanted him to plead guilty.

Knoble could face the state's ultimate punishment if convicted of first-degree 
murder in the early March 11 killing at the former Quality Inn on South Third 
Street. He is accused of shooting 32-year-old Andrew "Beep" White, who 
authorities have called a good Samaritan who had rented a room for Knoble that 
night because he had no place to stay.

Knoble was arrested the day of the killing after his mother called police after 
her son showed her a cellphone video of a man's corpse, according to testimony. 
Knoble's lawyers have said they are preparing a mental-health defense, 
including the possibility that their client was insane or operating under 
diminished capacity.

Jury selection in Knoble's trial is slated to begin May 31.

? In denying Knoble's bid for new counsel, Giordano highlighted Eyer, who said 
Friday that he, Goodrich and Potts were ready to proceed in their 
representation of the defendant. Giordano said he knows the three attorneys and 
believes they are "honest, forthcoming, hardworking and competent."

Eyer did not return a phone call seeking comment Tuesday.

First Deputy District Attorney Terence Houck called Giordano's ruling expected, 
saying Knoble failed to offer any specific complaints against his team.

"Ultimately, this is just a ploy on his part to delay the trial," said Houck, 
who doubted the decision will end Knoble's complaints.

"I believe you'll see this again as we get closer to trial," Houck said.

Friday was only the latest instance in which Knoble has had outbursts in court. 
When he was formally notified in June that he would face the death penalty, 
Knoble thundered against the justice system and the media, labeling them 
corrupt and saying there was no way he would receive a fair trial.

(source: Morning Call)

*****************

Westmoreland DA gets until March to decide on death penalty in cop killing


Westmoreland County District Attorney John Peck will have until March 26 to 
decide whether to seek the death penalty against a New Florence man accused of 
killing police officer Lloyd Reed in November.

Peck said Tuesday he will study several factors before determining whether 
Raymond Shetler Jr., 31, will face the death penalty for the Nov. 28 shooting 
of Reed, 54, who was responding to a domestic call in St. Clair when he was 
fatally shot.

"I'm interested in being provided with any mitigating circumstances he may 
have," Peck said.

In order to seek the death penalty, the prosecution must convince a jury that 
aggravating circumstances about Shetler and the crime outweighs mitigating 
factors. Peck said the killing of a police officer is an aggravating fact the 
prosecution can use to seek the death penalty.

Shelter's record of prior violent crimes could be another aggravating factor, 
Peck said.

Shetler was in court on Tuesday for a hearing to determine if he violated 
probation for a reckless endangerment charge he pleaded guilty to in October. 
At that time, Shetler was sentenced to serve 2 years on probation and ordered 
to undergo a drug and alcohol abuse evaluation.

When asked Tuesday by Judge Rita Hathaway why he didn't have that evaluation 
done, Shetler responded: "I don't write the music, I just play in the band."

Shetler has been in jail without bail since his arrest a few hours after Reed 
was gunned down. Police said Shetler fired 3 times at Reed, hitting him once in 
the chest.

Following a preliminary hearing late last year, Shetler told reporters he 
didn't realize Reed was a police officer and that he was sorry for his actions.

The deadline for Peck to decide on the death penalty was to be Wednesday. Peck 
said that because of his busy court schedule he needed more time to investigate 
the case.

Reed's family members have taken no position on the death penalty, Peck said.

"They are looking for guidance and direction from me," Peck said.

(source: triblive.com)






NORTH CAROLINA:

Jurors hear from North Hills murder suspect in videotaped interrogation


Jurors in the trial of Travion Smith spent a portion of the day Tuesday 
watching the remainder of a videotaped interview between the defendant and 
Raleigh police Detective Eric Gibney from May 2013.

Smith, 23, is charged with 1st-degree murder in 30-year-old Melissa 
Huggins-Jones' death and could face the death penalty if convicted.

Huggins-Jones was new to the Triangle, having divorced and moved from Tennessee 
to an apartment complex off Six Forks Road with her 8-year-old daughter, Hannah 
Olivia Jones.

On the morning of May 14, 2013, Hannah wandered out of the apartment and 
approached a nearby construction crew, asking for help. A construction worker 
followed the girl back into the apartment and found Huggins-Jones dead in her 
bed, covered in blood.

An autopsy determined she had died from repeated blows to her head and neck.

According to investigators, a laptop stolen from Huggins-Jones' apartment 
complex connected Smith to the murder.

? On Monday, there was a lot of debate between the attorneys and the judge as 
to what parts, if any, of a videotaped interrogation would be shown to the 
jury.

Smith and his co-defendants, Ronald Lee Anthony and Sarah Rene Redden, were 
questioned by police when initially identified as suspects. Investigators used 
statements from each against the others.

Anthony pleaded guilty in 2015 to first-degree murder in Huggins-Jones??? death 
and was sentenced to life in prison. Redden testified for the state against 
Smith last week and hopes to get a lesser sentence as a result.

In the videotape jurors watched on Tuesday, Gibney repeatedly told Smith that 
his co-defendants were pointing the finger at him, and that he needed to tell 
the truth to save himself.

"They are putting you in there. They are putting it all on you," Gibney said. 
"You deserve an opportunity to tell your story."

At first Smith only admitted to breaking into cars the night of the murder, but 
eventually said Anthony entered Huggins-Jones' apartment through a sliding door 
on the balcony while he waited outside. Smith said it was then that he heard a 
blood-curdling scream.

"It was just like a horrifying scream, like something you hear in a horror 
movie," Smith said. "It sounded like panic."

Smith said he ran and eventually ended up reuniting with Anthony.

Police were called to the apartment complex to investigate reported car 
break-ins the night of the murder, but did not learn of Huggins-Jones' death 
until the next morning.

Smith told officers he repeatedly asked Anthony what happened inside the 
apartment, but he never got an answer.

"I didn't know what was going on, and he wouldn't tell me nothing," Smith said. 
"I didn't go to sleep for 2 whole days. I couldn't eat nothing because I didn't 
know what was going on."

Smith said he called his father to talk about what he thought might have 
happened in Huggins-Jones??? apartment.

"I called my father and talked to him and said, 'Dad, I don't know what's going 
on. I think, I think, I think my friend just killed somebody. I don't know for 
sure yet.'" he said.

Former City-County Bureau of Identification agent Tracy Gold took the stand 
late Tuesday morning. She was one of the main investigators at the murder 
scene.

For the remainder of the day, the jury got the opportunity to see photographs 
of the victim's body and physical evidence from the crime scene. Much of the 
evidence was blood stained and prompted an emotional reaction from the audience 
and jurors, who openly shed tears.

(source: wral.com)

********************

Raleigh taxi driver murdered, Louisburg man charged


A Louisburg man is being held without bond after being charged in the murder of 
an on-duty taxi driver in Raleigh Monday morning, Raleigh Police said.<>P> 
Major Earl Edwards Jr., 25, has been charged with 1 count of murder in 
connection with the death of Jose Nicolas Dominguez, 55, of Raleigh.

He appeared in court Tuesday afternoon and was appointed a capital public 
defender, meaning he is eligible for the death penalty. Edwards remained silent 
during the appearance where he learned he would be held without bond.

His next scheduled court appearance is March 1.

Police responded to a shooting call at Hodges Creek Apartments in the 2000 
block of Hodge Creek Drive at approximately 1:25 a.m. Monday. Upon arrival, 
officers found Dominguez dead at the scene.

Dominguez was a driver for Amigo Taxi. A dispatcher for Amigo said Dominguez 
was called to the complex to pick someone up when he was killed.

Another driver for the company told WNCN Dominguez had been driving a taxi in 
Raleigh for several years and the area is regarded as usually being safe.

"I never have heard anything [bad] about these apartments...I have been here 
many times with no problems," said Joaquin Loyola.

Loyola called Dominguez "a very good friend."

A 911 call released on Monday afternoon was from a person who drove a car into 
the parking lot, heard a "pop" and then saw the taxi driver lying on the ground 
motionless.

"I pulled up and seen there was a male laying there...he's not moving he's not 
responsive," the caller said.

The investigation of the homicide remains underway.

(source: WNCN news)






FLORIDA:

Poll: Majority of Florida Residents Want Unanimous Juries In Death Penalty 
Cases


1 in 3 Floridians prefer the death penalty as a punishment for people convicted 
of murder. That's according to a new poll from Florida International 
University's School of Law.

Earlier this year, the U.S. Supreme Court struck down parts of Florida's system 
for handing down death sentences. Since then, the legislature has been 
scrambling to come up with a fix.

Stephen Harper is a visiting professor at FIU. Harper said he and his 
colleagues conducted the poll to learn about public opinion as the debate 
continues in Tallahassee.

"A little bit surprising was the strength of those in favor of a unanimous 
jury," he said of the poll's findings. "Almost 70 % supported or strongly 
supported a unanimous jury."

In Florida???s recently-overturned system, juries needed a simple majority vote 
to recommend the death penalty.

The new Florida House proposal would require nine jurors to agree. The Senate 
version would require a unanimous decision to hand down the sentence.

The state will have to come up with a new system before any new death penalty 
cases can move forward.

(source: WMFE news)

***********************

Senate panel OKs unanimous verdict for death penalty


Legislation requiring a unanimous verdict from the jury to recommend the death 
penalty will head to the Senate floor after passing a committee vote late 
Monday.

The Senate's Criminal Justice Committee passed its version of a bill (SB 7068) 
that would revise Florida's sentencing process for the death penalty.

The Legislature is rewriting how to sentence someone to death after the U.S. 
Supreme Court ruled the current method unconstitutional. In an 8-1 ruling last 
month in Hurst vs. Florida, the court said the sixth amendment was violated 
because state law allowed a judge to decide independently whether necessary 
aggravating circumstances exist.

The Senate and House bills are mostly similar except for one key matter: what 
it takes for the jury to agree to the death penalty. The Senate bill (SB 7068) 
requires a unanimous decision of all 12 jurors, but the House measure (PCB CRJS 
16-07) requires only nine. Current Florida law requires a simple majority of 7.

"We're going to move our bill forward, because we believe that is what the 
Supreme Court says and that we are not an outlier with the other states," said 
Sen. Greg Evers, committee chairman.

According to data compiled by the Florida Supreme Court's Clerk's office, only 
69 of 330 death penalty cases - 21 % - in the past 15 years had unanimous jury 
verdicts.

The Senate committee said in its analysis of the bill that a decline in death 
penalty sentences was likely, but the level is undetermined based on the data 
because only a simple majority was needed in previous cases.

Florida was the only state remaining that called for a simple majority to find 
the presence of a sufficient number of aggravating factors. Now, if it isn't 
unanimous, life without parole can be the only sentence.

(source: Orlando Sentinel)






ALABAMA:

Capital murder suspects across Alabama seek to bar death penalty


Attorneys for 25-year-old Antonio McCary Jones, a Birmingham man charged with 
killing a fellow drug dealer by shooting him 14 times, last week told a judge 
that if Jones is found guilty the death penalty should not be an option.

Alabama's sentencing scheme in death penalty cases is the same as Florida's, 
which was ruled unconstitutional last month by the U.S. Supreme Court, Jones' 
lawyers argued Friday. In both Alabama and Florida, judges are allowed to 
override jury recommendations for either life without parole or death.

"The dilemma we're trying to resolve is do we want 12 people deciding death or 
life, or one person," Joe Basgier, one of Jones' lawyers, said after the 
hearing.

Basgier and Jones' other attorney, Hube Dodd, are not alone in making the 
argument.

The ink was hardly dry on the U.S. Supreme Court's Jan. 12 ruling in Hurst v. 
Florida before lawyers around Alabama began filing motions seeking to bar the 
death penalty for their clients facing capital murder charges because of the 
similarities between the 2 states' capital punishment sentencing laws.

That has had local district attorneys scrambling to defend Alabama's capital 
sentencing law and putting circuit judges in the position of having to hold 
hearings and rule on the issue. Several judges have already denied the motions, 
at least one has taken it under advisement, and a few are awaiting further 
guidance.

Not the same

District attorneys and Alabama Attorney General Luther Strange say Alabama's 
law is not the same as Florida's and has already been declared constitutional.

"The U.S. Supreme Court ruling regarding the Florida death penalty does not 
affect Alabama's law. The U.S. Supreme Court specifically upheld Alabama's 
current system as constitutional in the case of Harris v. Alabama in 1995," 
according to a statement from the Attorney General's Office.

"In the Florida case (Hurst), the holding is that a jury must find the 
aggravating factor in order to make someone eligible for the death penalty. 
Alabama's system already requires the jury to do just that," according to the 
Attorney General's statement. "The jury must unanimously find an aggravating 
factor at either the guilt or sentencing phase - such as when the murder was 
committed during a robbery, a rape, or a kidnapping."

The Attorney General's Office also stated Alabama's death penalty system was 
challenged last year to the U.S. Supreme Court on the same grounds that 
Florida's was challenged. The court, however, declined to take that case, or 
even to hold the case until after it resolved the Florida case, the Attorney 
General noted.

Justices - with two dissenters - declined to hear the appeals of Courtney 
Lockhart and Christie M. Scott based on Alabama's judicial override - a 
practice that has become part of the debate over the death penalty.

Is the same

Defense attorneys argue that that ultimate decision to sentence a defendant to 
death is made by a judge and not a Jury, just as in Florida. "The jury does 
make its own sentencing recommendation after a comparable weighing process, but 
that recommendation 'is not binding upon the court,'" according to Basgier and 
Dodd's motion.

Rarely, if at all, has a judge in Alabama overridden a jury recommendation for 
death and sentenced a suspect to life without parole. But there are a number of 
cases in which a judge has overridden a life without parole recommendation and 
imposed a death sentence.

According to several motions filed by defense attorneys around Alabama, the 
U.S. Supreme Court in its ruling in the Hurst case also overruled 2 previous 
cases - Hildwin v. Florida in 1989 and Spaziano v. Florida in 1984. Both those 
cases had been used by the court in upholding Alabama's death sentencing scheme 
in 1995, according to the motions.

"As a result, the cases that upheld Alabama's death penalty scheme are no 
longer valid," according to Basgier and Dodd's motion, which mirrors other 
defense lawyer's "Hurst" motions.

The Alabama Attorney General's Office had filed a brief in the Hurst case 
asking that the U.S. Supreme Court not overrule Spaziano because that case "had 
provided the legal foundation for Alabama's death penalty scheme," according to 
Basgier and Dodd's motion.

Jefferson County Circuit Judge Stephen Wallace said he would reserve ruling on 
the issue. Wallace did question during the hearing what happens when a judge 
may be privy to information a jury did not have when it was considering whether 
to recommend life without parole or a death sentence.

Other cases

The dilemma we're trying to resolve is do we want 12 people deciding death or 
life, or one person" - Joe Basgier

Among the other capital murder defendants with cases currently pending around 
Alabama who have filed "Hurst" motions are:

- DeMarcus Means, who is charged in last year's shooting death of his 
girlfriend, Haileigh Green, in Shelby County. A judge has not yet held a 
hearing on the motion.

- Deandra Marquis Lee, who is charged in the 2012 slayings of 3 people - 
9-year-old twins and their caregiver - in Lowndes County. The motion was filed 
last week.

- Stephon Lindsay, who is charged in Etowah County with killing his toddler 
daughter in 2013 with either a sword or knife. Etowah County Circuit Judge 
William B. Ogletree on Thursday denied the request to bar the death penalty in 
his case, which goes to trial Feb. 22.

- Jason Paul Hopkins, who along with Dane Leach, is charged in the 
strangulation death and robbery of a Highland Park man. Jefferson County 
Circuit Judge Tommy Nail denied the motion last week, Hopkins' attorney, Philip 
Petersen, said.

- Stanley Chatman, who is already serving 99 years in prison for a murder and 
who once served time for manslaughter, is now awaiting trial for capital murder 
in the 2013 slayings of Jonathan and Jeremi Berry, 17, and the attempted murder 
of the twins' mother, 31-year-old LaTasha Berry in Wylam. Jefferson County 
Circuit Judge Tracie Todd has set a hearing for March 3 to consider the Hurst 
motion.

- John Clayton Owens, who is charged in Madison County with the death of his 
91-year-old neighbor in August 2011. His trial began Monday with jury 
selection.

Owens had filed a petition to the Alabama Court of Criminal Appeals for a writ 
of mandamus to direct Madison County Circuit Judge Alison S. Austin to stay his 
trial until the issue of whether Alabama's capital sentencing scheme is 
constitutional can be resolved or, in the alternative, stay the penalty phase 
of his trial until the issue is resolved.

The appeals court denied the motion Friday. But that court did not address the 
constitutionality of Alabama's capital sentencing law in its order. "Owens may 
raise the issue of the constitutionality of Alabama's capital sentencing scheme 
on appeal should he be convicted of capital murder and sentenced to death," 
according to the order.

Petersen, who is president of the Greater Birmingham Criminal Defense Lawyer's 
Association, said one problem with the short (8-page) Hurst v Florida ruling is 
that it wasn't very clear. "It was a muddled up opinion not direct on every 
point and was only helpful to Florida."

Jefferson County District Attorney Brandon Falls said he doesn't expect any 
adverse rulings by trial judges on the Hurst motions. He noted Alabama's rules 
have been reviewed previously and the U.S. Supreme court has had a fairly 
recent opportunity to do it again.

"Honestly, anytime a judge overrides a jury's recommendation (for death) the 
appellate courts are looking for a reason to overturn it," Falls said.

But Falls wasn't surprised his office is faced with responding to a flood of 
Hurst motions. Lawyers have to file the motions for their clients so they could 
benefit if sometime in the future an appeals court does find an issue with 
Alabama's capital murder sentencing structure.

Among the 1st motions seeking to use Hurst on behalf of an Alabama client was 
that of Christopher Brooks, who was executed by lethal injection on Jan. 21.

Brooks' attorneys in the days prior to the execution had argued to the Alabama 
Supreme Court that his execution should be stayed because Florida's sentencing 
scheme is the same as Alabama's.

The Alabama Supreme Court rejected that appeal and Brooks' lawyers quickly took 
the appeal to the U.S. Supreme Court, which also declined to stop the 
execution.

However, three of the U.S. Supreme Court justices had reservations about 
Alabama's death sentencing law in the denial of Brooks' stay. Justice Sonia 
Sotomayor, with whom Justice Ruth Bader Ginsburg agreed, noted that the court 
in Hurst v. Florida had overruled the two cases that underpinned Alabama's law. 
But procedural obstacles would have prevented the court from granting the stay 
of Brooks' execution, she wrote.

Justice Stephen Breyer, however, stated that the U.S. Supreme Court has 
recognized that Alabama's sentencing scheme is much like and based on the one 
used in Florida that has been declared unconstitutional. "The unfairness 
inherent in treating this case differently from others which used similarly 
unconstitutional procedures only underscores the need to reconsider the 
validity of capital punishment under the Eighth Amendment," Breyer wrote in the 
Brooks' opinion

(source: al.com)