Hasty Death Penalty Review Raises Doubt in Alabama

Everyone who follows the vicissitudes of the death penalty knows Alabama’s sentencing process is seriously flawed. Jaded as I am, I was still shocked to read about the case of Doyle Lee Hamm, who lost his post-conviction quest for review when the judge adopted verbatim an 89-page opinion proposed by the state prosecutor -- one business day after receiving it.

There’s no doubt that this apparent judicial contempt for the deliberative process is morally outrageous, especially when a man’s life is at stake. But does it violate due process? That’s the question that Hamm’s lawyer has asked the Supreme Court to consider. And as it turns out, the answer is far from easy. An appeals court has already said no. And it seems highly unlikely that the justices would agree to take it up. In a perfect world, the Supreme Court would find a way to avoid the legal issue while still making the court write a new opinion.