After the Supreme Court blocked an Alabama man's execution in February, the state is again preparing to execute him by lethal injection Thursday evening despite his lawyer's claims that he is intellectually disabled and has an IQ of 64.
After the Supreme Court blocked an Alabama man's execution in February, the state is again preparing to execute him by lethal injection Thursday evening despite his lawyer's claims that he is intellectually disabled and has an IQ of 64.
Last week, the federal public defender's office filed a lawsuit on Smith's behalf that argues that he was not given assistance in understanding a form given to death row inmates in 2018 that allowed them to adopt nitrogen hypoxia as an execution method. "Because Smith suffers from 'significant cognitive deficiencies,' he alleges he was unable to 'enjoy the benefit of the statute and the election form' without being aided with comprehension of the form and its contents," the lawsuit says.An audiology and speech science professor at University of Northern Colorado found the form to be at the 11th grade level, according to court documents.
Smith's intellectual disability has long been at the center of his lawyer's arguments, however, and court documents show that there is support for the claims. "The fact that Alabama is able to carry out the execution demonstrates clearly that Texas' position has no legal merit under the Religious Land Use and Institutionalized Persons Act," he said.
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