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Equal Justice Initiative
@eji_org
We work to end mass incarceration, excessive punishment, and racial inequality. Led by Bryan Stevenson. Creators of . #justmercy
Montgomery, ALeji.orgJoined June 2012

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The AL Supreme Court announced that it is eliminating mandatory "plain error review"—a rule that allowed appellate attorneys to identify and correct unconstitutional conduct that occurred during capital trials, even when there was no objection at trial.
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Last week the Alabama Parole Board denied 71-year-old Leola Harris parole, even though she is suffering from end stage renal disease. The board considered Ms. Harris's case for only 6 minutes before denying her parole. Her next hearing will be in 5 years.
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Mandatory "plain error" review has been responsible for nearly 40% of all reversals in Alabama death penalty cases and has been essential in addressing illegal racial discrimination in jury selection, wrongful convictions, and illegal sentences.
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In November, Alabama attempted to execute Kenneth Smith for over an hour but was forced to stop before midnight, when the specific date of the execution ended. Under the new rule, the State would have been able to prolong the botched execution process indefinitely.
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The practical effect of allowing an execution to be carried out during an undefined “time frame” instead of a specific date is that Alabama could continuously attempt to execute condemned prisoners for hours or days.
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