Alabama Attorney General Steve Marshall petitioned the Eleventh Circuit Court of Appeals last week to compel federal district courts to issue rulings in four longstanding capital-punishment cases, according to a March 12 statement. Marshall said these cases have been delayed for years, preventing the state from carrying out judicial executions as required by law.
The Attorney General’s action highlights concerns about prolonged judicial delays and their impact on victims’ families and the state’s criminal justice system. Under current precedent, Alabama cannot proceed with executions until federal courts complete their review, but Marshall argued that the wait has become excessive.
“It pains us whenever a family member or friend of a victim calls to check on a case, and we have to say, again and again, that our hands are tied—we’re just waiting on a ruling. We’ve done our jobs, secured a conviction, defended it on appeal, and it’s past time for the federal courts to do theirs—or get out of the way,” said Attorney General Marshall. “At some point, judicial delay starts to look like judicial abolition of the death penalty. Not on my watch. I will not allow the State’s criminal cases, especially those involving the worst of the worst criminals, to remain neglected by the federal courts.”
The four cases cited date back as far as 2010 and involve convictions for multiple murders across several Alabama counties. In each instance—Charles Randall Stewart (Talladega County), Michael Craig Maxwell (Colbert County), James Ben Brownfield (Jackson County), and Kerry M. Spencer (Birmingham)—federal habeas petitions have remained pending for years despite repeated motions from the state seeking timely rulings.
The Alabama Attorney General office works to enhance safety across the state by focusing on initiatives to reduce violent crime and support victims, according to the official website. The office also functions as Alabama’s chief law enforcement agency with statewide jurisdiction and provides legal representation in all counties according to its official website. It has influenced policy through successful defenses in high-profile cases such as upholding convictions under the Brody Act before the Alabama Supreme Court according to its official website.
Marshall has served as Alabama’s forty-eighth Attorney General since his swearing-in on Feb. 10, 2017 according to its official website. The office was recognized with a Hometown Hero honor from the Alabama League of Municipalities in 2020 for staff efforts during the pandemic according to its official website.
Observers note that resolution of these delayed cases could set an important precedent regarding how long federal courts may hold up state criminal proceedings involving capital punishment.