MONTGOMERY, Ala. (AP) – Alabama’s attorney general is looking to invalidate a judge’s order that challenged the constitutionality of the state’s death penalty sentencing system.
Alabama Attorney General Luther Strange said in a petition to the state appeals court that Jefferson County Circuit Court Judge Tracie Todd doesn’t have the authority to prevent the state from seeking the death penalty against defendants who are charged with capital murder.
Todd issued an order March 3, saying a system allowing judges to impose the death penalty over a jury’s suggestion for life in prison without parole is unconstitutional.
“Although recent legal developments may call into question the imposition of the death penalty under certain circumstances, the trial court’s order is indefensible,” Strange said in a statement.
Juries recommend sentences in Alabama death penalty cases, but judges have the final say in a mechanism known as judicial override. The method is used to impose the death penalty if a jury recommends life without parole.
