What happens to the estate of a death-row inmate if he or she dies during a period of incarceration?
The answer depends on how the estate is handled.
Alabama Supreme Court Justice William Blackledge said he would consider it when a death row inmate dies, and that’s what the state’s Supreme Court agreed to hear on Wednesday.
“We will review this in a thorough manner,” said the court’s Chief Justice William Pryor.
“What happens to your estate if you die?
How will you be treated if you do?”
Blackledge asked a judge in a rare order that will allow lawyers to file motions to end a death sentence.
The Alabama Supreme’s decision was unusual because it did not involve a death, said David Kohn, a spokesman for the Alabama Department of Corrections.
It will be up to the Alabama Supreme to determine what happens with the estate if the inmate dies while on death row.
Blackledge said it is a question of the discretion of the court.
He said if the court determines the estate was properly disposed of, then the inmate would be granted a pension of $250 a month and could get a full pension.
The Alabama Supreme had ruled in 2005 that an inmate who died while on Alabama’s death row could not be given a full retirement from prison.
On Wednesday, Pryor said he did not think the issue should be decided in a vacuum, but the court had made a determination that he did want the court to hear the case.
“It’s going to be an extraordinary situation if they go in and make a determination,” Pryor said.
When the inmate was sentenced to death, he was sentenced for first-degree murder in the 1995 murder of a man he knew and had a relationship with.
He had been sentenced to life in prison without the possibility of parole after a jury convicted him of killing Daniel Jackson, a 25-year-old man who was shot in the head while walking home from a bar in Alabama.
In 2013, a judge sentenced Blackledge to death for Jackson’s murder, but he had been serving his death sentence at the time of Jackson’s death.
When Blackledge died in 2007, his estate was ordered to be paid $250,000 a month for the next 20 years.
He died in January.