US Supreme Court again refuses to allow Alabama to execute an inmate

The U.S. Supreme Court has declined to hear an appeal from Alabama regarding a capital murder conviction that was previously overturned by the state's appeals court. The decision marks yet another instance of the high court refusing to intervene in an Alabama death penalty case.

The Case History

Michael Anthony Powell was convicted for the 2016 fatal shooting of Tracy Latty Algar, a store clerk in Alabaster. Algar was discovered by a customer in the store restroom, having suffered a fatal gunshot wound to the back of the head during a Sunday morning robbery.

Powell was sentenced to death in 2021 after a Shelby County jury voted 11-1 in favor of the penalty. However, in May 2024, the Alabama Court of Criminal Appeals reversed the verdict.

A Conflict Over Closing Arguments

The appeals court’s 3-2 decision centered on remarks made by the prosecutor during closing arguments. The court determined the comments touched upon Powell’s failure to testify, violating his Fifth Amendment right against self-incrimination. The case was subsequently remanded back to the trial court.

During the original trial, the state linked Powell to the murder using security footage and eyewitness testimony. While no weapon was recovered, police found ammunition at the home of Powell’s girlfriend matching a shell casing from the crime scene. Furthermore, testimony revealed Powell had attempted to orchestrate a false confession from a fellow inmate while in jail.

During closing arguments, after the defense noted the lack of a murder weapon, the prosecutor argued: “There is only one person in this room who knows where the gun is. One person, he is sitting over there. That guy knows where the gun is.” While the trial judge initially overruled a defense objection, the appellate court later ruled this was an impermissible comment on the defendant's silence.

Supreme Court Split

Justice Samuel Alito, joined by Justice Clarence Thomas, issued a dissenting opinion. Alito contended that the prosecutor's statement was a “fair response” to the defense's claim regarding the missing weapon, citing the 1988 precedent, United States vs. Robinson.

This ruling is the third instance in the last month where the Supreme Court has sided against the state in a capital case. On Friday, the justices refused to lift a ban on the execution of Jeffery Lee via nitrogen gas. In May, the court also declined to intervene in the case of Joseph Smith, who was ruled intellectually disabled and ineligible for the death penalty by federal judges.