US Supreme Court again refuses to allow Alabama to execute an inmate
Michael Anthony Powell was convicted in the 2016 fatal shooting of Tracy Latty Algar, a store clerk in Alabaster.
Mason Reed 
The U.S. Supreme Court has declined to hear an appeal regarding the capital murder conviction of an Alabama man, a move that leaves in place an appellate court ruling that previously overturned his death sentence.
The Background of the Case
Michael Anthony Powell was convicted for the 2016 fatal shooting of Tracy Latty Algar, an Alabaster store clerk. Algar was discovered in the store’s restroom by a customer, having suffered a fatal gunshot wound to the back of the head during a Sunday morning robbery.
Following an 11-1 jury recommendation in 2021, Powell was sentenced to death by a judge. However, the Alabama Court of Criminal Appeals reversed that verdict in May 2024. In a 3-2 decision, the appeals court ruled that a prosecutor’s closing argument amounted to an improper comment on Powell’s choice not to testify, violating his Fifth Amendment rights against self-incrimination.
Supreme Court Decision and Dissent
The state of Alabama petitioned the U.S. Supreme Court to overturn the appeals court decision, but the justices declined to intervene. Justice Samuel Alito, joined by Justice Clarence Thomas, issued a dissenting opinion. Alito argued that the state was correct, noting that under the 1988 precedent United States vs. Robinson, a prosecutor's comment does not violate the Fifth Amendment if it serves as a “fair response to a claim” made by the defense.
The case involved complex evidence, including the state connecting Powell to the crime through surveillance footage and matching ammunition found at his girlfriend’s residence. Additionally, evidence was presented regarding a letter Powell had a fellow inmate write, which attempted to deflect blame while simultaneously mentioning the location of the murder weapon.
Recent Context
This ruling marks the third time in the last month that the Supreme Court has ruled in favor of a defendant in an Alabama death penalty case. On Friday, the justices refused to lift a ban on the execution of Jeffery Lee by nitrogen gas. Furthermore, in May, the court opted not to intervene in the case of Joseph Smith, who federal judges had previously ruled was intellectually disabled and therefore ineligible for capital punishment.
