Supreme Court says Alabama Execution Can Proceed

The U.S. Supreme Court has again ruled that Alabama can move forward with the execution of an inmate convicted of killing a convenience store clerk more than two decades ago.

The Supreme Court ruled late Thursday that the execution could proceed, after issuing two temporary delays earlier in the night.

Ronald Bert Smith Jr. is scheduled to receive a lethal injection at 9:45 p.m. CST. Smith was convicted of murder in the 1994 shooting death of Huntsville convenience store clerk Casey Wilson during a robbery.

Smith’s lawyers had asked the Supreme Court to halt the execution plan to review whether a judge should have been able to override the jury’s recommendation and impose the death penalty. The jury had recommended life imprisonment by a 7-5 vote.

The state argued the sentence was appropriate and legally sound.

The latest decision from the court capped a whirlwind of filings and orders Thursday evening. The execution was originally scheduled for 6 p.m. CST but was delayed twice. Four justices wanted to issue a permanent halt, but five were needed.

Smith’s attorneys made another application for a stay after the court’s latest decision.