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Former Gov. Don Siegelman said he thinks Alabama leaders, including Gov. Kay Ivey, will regret not taking action to stop Smith's execution.
Commissioner John Hamm assured Ivey that the Department of Corrections was prepared to carry out the death sentence successfully, only to fail again.
A last-second amendment meant that a ban on judges overriding the wishes of juries to impose the death penalty wouldn't be retroactive.
Gov. Kay Ivey can pause Smith’s execution giving the Legislature time to decide if a 2017 law should have been retroactive.