Latest news with #MobileCounty
RNZ News
3 days ago
- Politics
- RNZ News
US Supreme Court to review death row inmate's intellectual disability ruling
By John Kruzel , Reuters Photo: 123RF The US Supreme Court on Friday agreed to hear an appeal by Alabama officials of a judicial decision that a man convicted of a 1997 murder is intellectually disabled - a finding that spared him from the death penalty - as they press ahead with the Republican-governed state's bid to execute him. A lower court ruled that Joseph Clifton Smith is intellectually disabled based on its analysis of his IQ test scores and expert testimony. Under a 2002 Supreme Court precedent, executing an intellectually disabled person violates the US Constitution's Eighth Amendment bar on cruel and unusual punishment. The justices are due to hear the case in their next term, which starts in October. Smith, now 54, was convicted and sentenced to death for the 1997 murder of a man named Durk Van Dam in Alabama's Mobile County. Smith fatally beat the man with a hammer and saw in order to steal his boots, some tools and $140, according to evidence in the case. The victim's body was found in his mud-bound Ford Ranger truck in an isolated, wooded area. The Supreme Court's 2002 precedent in a case called Atkins vs Virginia barred executing intellectually disabled people. US President Donald Trump's administration backed Alabama's appeal in the case. At issue in Smith's case is whether and how courts may consider the cumulative effect of multiple intelligence quotient (IQ) scores in assessing a death row inmate's intellectual disability. Like many states, conservative-leaning Alabama considers evidence of IQ test scores of 70 or below as part of the standard for determining intellectual disability. Supreme Court rulings in 2014 and 2017 allowed courts to consider IQ score ranges that are close to 70 along with other evidence of intellectual disability, such as testimony of "adaptive deficits." Smith had five IQ test scores, the lowest of which was 72. A federal judge noted that Smith's score could be as low as 69, given the standard of error of plus or minus three points. The judge then found that Smith had significant deficits from an early age in social and interpersonal skills, independent living and academics. The Atlanta-based 11th US Circuit Court of Appeals upheld the judge's conclusions in 2023, setting aside Smith's death sentence. This prompted Alabama officials to file their first of two appeals to the Supreme Court in the case. In November, the justices threw out the 11th Circuit's decision, saying that the lower court's evaluation of Smith's IQ scores can be read two ways, and requires clarification. Ten days later, the 11th Circuit issued an opinion clarifying that its evaluation was based on "a holistic approach to multiple IQ scores" that also considered additional relevant evidence, including expert testimony. This prompted a second appeal by Alabama officials to the Supreme Court. Alabama in its filing to the Supreme Court argued that the lower courts in the case applied the wrong legal standard in establishing Smith's intellectual disability and urged the justices to take up the appeal to provide clarity on the issue. Friday's action by the court was unexpected. The court had planned to release it on Monday along with its other regularly scheduled orders, but a software glitch on Friday prematurely sent email notifications concerning the court's decision in the case. "As a result, the court is issuing that order list now," said court spokesperson Patricia McCabe. It is not the first time the court has inadvertently disclosed action in sensitive cases. Last year, an apparent draft of a ruling in a case involving emergency abortion access in Idaho was briefly uploaded to the court's website before being taken down. That disclosure represented an embarrassment for the top US judicial body, coming two years after the draft of a blockbuster ruling rolling back abortion rights was leaked. - Reuters
The Independent
3 days ago
- The Independent
Supreme Court to hear Alabama appeal in push to execute intellectually disabled man
The Supreme Court will hear an appeal from Alabama 's Attorney General's Office in its push to execute an intellectually disabled man, according to an order released early on Friday. Joseph Clifton Smith, now 54, was sentenced to death for a decades-old murder — a decision that continues to be challenged in court. In 1997, Smith beat Durk Van Dam to death with a hammer and a saw in Mobile County to steal his boots, tools and $140, Reuters reported. Van Dam's body was found in his truck in an isolated wooded area. Lower federal courts found Smith is intellectually disabled and can't be executed. People who are intellectually disabled are protected from the death penalty following a Supreme Court ruling from 2002. But this fall, the Supreme Court will hear arguments about what to do in cases when IQ scores are slightly above the widely accepted 70-point marker to determine if someone is intellectually disabled. When a federal appeals court ruled in May 2023 that Smith could not be executed due to his intellectual disability, it detailed how he struggled in school from an early age. Since first grade, Smith struggled in school, and when he underwent an intellectual evaluation he received an IQ score of 75, CNN reported at the time, citing the appeals court. In fourth grade, Smith was placed in a learning-disability class. 'After that placement, Smith developed an unpredictable temper and often fought with classmates. His behavior became so troublesome that his school placed him in an 'emotionally conflicted classroom,'' the appeals court wrote in its ruling. Smith dropped out of school after failing seventh and eighth grade and then spent 'much of the next 15 years in prison' for crimes of burglary and receiving stolen property, according to the ruling. The appeals court said Smith confessed to killing Van Dam and that he 'offered two conflicting versions of the crime.' Smith first said he watched Van Dam be killed, and then he said he took part in his murder but didn't mean to kill him, according to the appeals court. The Alabama Attorney General's office decried the appeals court's ruling, saying at the time, according to CNN, 'Smith's IQ scores have consistently placed his IQ above that of someone who is intellectually disabled. The Attorney General thinks his death sentence was both just and constitutional.' The Supreme Court will now consider making it harder for convicted murderers to show their lives should be spared because they are intellectually disabled.
Yahoo
30-05-2025
- General
- Yahoo
Mobile County deputies look for man accused of harassing women while they work
MOBILE COUNTY, Ala. (WKRG) — The Mobile County Sheriff's Office is asking for the public's help in finding a man who has been allegedly harassing women while they are at work. Navarre man arrested after note found in business bathroom asking for help: SRCSO MCSO provided photos of the man and his vehicle from surveillance video. According to a MCSO Facebook post, a local business owner has told the man to stop coming to his store, but the man continues to return, which led to law enforcement involvement. Anyone with information about this man can contact the sheriff's office at 251-574-8633. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
