The U.S. Eleventh Circuit Court of Appeals decision Friday means, unless overturned by the U.S. Supreme Court, Joseph Clifton Smith won’t be put to death.
The Alabama Attorney General’s Office has not yet responded to requests for comment if they would appeal to the Supreme Court.
“As the Court stated previously, this is a close case, but the evidence indicates that Smith’s intelligence and adaptive functioning has been deficient throughout his life,” the judge wrote. “Smith intelligence falls at the low end of the Borderline range of intelligence and at worst at the high end of the required significantly subaverage intellectual functioning.”
The appeals court’s Friday ruling means, if not appealed to the U.S. Supreme Court, Smith will be automatically sentenced to life in prison without the possibility of parole.
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