Alabama has changed death penalty procedures to give the prison system longer to carry out executions — a move that comes after a string of troubled lethal injections in the state — and also eliminated an automatic review for trial errors
where the Alabama Court of Criminal Appeals automatically reviews death penalty cases for a clear error at trial even though the defense lawyer did not object. Justices said judges on the appeals court may undertake the review, but are no longer required to do so.
Stevenson said that nearly 40% of the reversals in Alabama death penalty cases have come under the plain error review. He said the rule has been in place since the death penalty was reinstated in Alabama in 1976, and its repeal is “shocking.”that the change will relieve the court's burden so they are no longer required to"scour the record in search of such errors, nor will it be compelled to analyze claims of error.
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