(In re: Roderick Byrd v. State of Alabama) (2026)

WRIT DENIED. NO OPINION.

The question before the Court is whether to grant the petition for the writ of certiorari to consider the legal issues raised by the petitioner, Roderick Byrd. In other words, the decision today is not whether to agree with Byrd -- it is whether to consider any of the legal challenges that he raises in his petition. I believe we should grant Byrd's petition to consider his Eighth Amendment challenge in light of Smith v. Commissioner, Alabama Department of Corrections, No. 21-14519, Nov. 14, 2024 (11th Cir. 2024) (not reported in the Federal Reporter). See also Hamm v. Smith, 608 U.S. ___ (2026) (dismissing, as improvidently granted, writ of certiorari to review Smith, with the dissent of four Justices). I therefore dissent from denying that part of Byrd's petition. However, I concur with denying his petition on the remaining issues that he raises.

SELLERS, Justice.

Shaw, Wise, Bryan, Mendheim, McCool, and Parker, JJ., concur. Cook, J., concurs in part and dissents in part, with opinion, which Stewart, C.J., joins.