Summary

The U.S. Supreme Court declined on March 2 to take up an appeal that sought to overturn a federal appeals court ruling involving Michael Sockwell’s capital case in Alabama, clearing the way for the inmate to pursue a new trial.

The justices’ action means the 11th U.S. Circuit Court of Appeals decision, issued in the summer and finding that Alabama prosecutors violated Sockwell’s rights during jury selection, remains in place. The Supreme Court’s refusal to review that ruling set up the next phase of the litigation for Sockwell, who has been on death row since 1990.

Sockwell, 63, was sentenced to death for the 1988 killing of Montgomery County Sheriff’s Deputy Isaiah Harris. Prosecutors said the killing was a murder-for-hire arranged by Harris’ wife, and Sockwell was convicted in 1990.

A federal appeals court ruled that prosecutors violated Sockwell’s rights by intentionally rejecting potential Black jurors who the court said were believed to be more sympathetic to him. In June, the 11th Circuit issued the decision in a 2-1 opinion, according to the reporting.

After Alabama’s Attorney General’s Office sought Supreme Court review, the top court declined to grant that request. The Supreme Court’s action followed the state’s failed petition and left the appellate court’s ruling as the controlling decision.

A federal judge had previously set a deadline for what prosecutors could do next. In November, the judge said prosecutors must take steps by March 18 to pursue a new trial; otherwise, Sockwell should be released from prison.

On Monday, a spokeswoman for the Montgomery County District Attorney’s Office said the office intends to retry the case, according to the Associated Press. The spokeswoman declined further comment when asked about the next steps.

Sockwell’s trial record also reflects a recommendation that did not bind the court. The jury that convicted him voted 7-5 to recommend life imprisonment, but the judge overrode that recommendation and sentenced Sockwell to death; Alabama law has since changed so that judges no longer override a jury’s sentence decision in capital cases.

Michael Rayfield, one of Sockwell’s lawyers, said in a statement that the Supreme Court’s decision meant Sockwell “has been denied his right to a fair trial for more than 35 years” and that the defense would continue to fight for his freedom.

The case also involves Harris’ wife, who was convicted of capital murder. She was initially sentenced to death but that sentence was later reduced to life in prison.