Brown v. State

If I understand the court’s holding, it ■commutes all pending death sentences to life imprisonment. Further, it has the effect ■of commuting all future death sentences to life imprisonment until the legislature designates a new place of execution. Under the court’s ex post facto theory the death penalty could only be inflicted on persons committing capital crimes after the legislature designates a new place of execution. The court concludes all this because Kilby Prison no longer exists and bases its decision on the “cruel and unusual punishment” and “ex post facto” provisions of the state…