Marshall Moves to End Years‑Long Delays in Capital Murder Appeals, Says Federal Courts Are "Neglecting" Justice

March 12, 2026 - MONTGOMERY, Ala. - Alabama Attorney General Steve Marshall has filed a series of petitions with the U.S. Court of Appeals for the Eleventh Circuit seeking to force long‑awaited rulings in four federal habeas corpus cases tied to capital murder convictions-some of which have been pending for more than a decade. Marshall argues that the federal district courts' inaction has created a "recurring-perhaps systemic-problem" that undermines the promise of timely justice for victims and their families.

Under current precedent, Alabama cannot carry out an execution until federal courts complete their review of a death‑row inmate's habeas petition. But Marshall says the delays in these cases have stretched far beyond what is reasonable.

"It pains us whenever a family member or friend of a victim calls to check on a case, and we have to say, again and again, that our hands are tied-we're just waiting on a ruling," Marshall said. "We've done our jobs, secured a conviction, defended it on appeal, and it's past time for the federal courts to do theirs-or get out of the way."

He added that prolonged inaction risks becoming a de facto end‑run around Alabama's death‑penalty laws.

"At some point, judicial delay starts to look like judicial abolition of the death penalty. Not on my watch," Marshall said. "I will not allow the State's criminal cases, especially those involving the worst of the worst criminals, to remain neglected by the federal courts."

Four Cases, Four Long Delays

The Attorney General's petitions highlight four capital cases-each involving brutal murders and each stalled in federal court for years despite repeated requests for rulings.

1. Charles Randall Stewart - Petition Pending Nearly 12 Years

Stewart was sentenced to death for the 1990 murder of his ex‑wife, Betty Lang, in Talladega County, committed in front of their six‑year‑old son. He filed his federal habeas petition on July 8, 2014, and despite two motions from the State urging a ruling, the case remains undecided nearly twelve years later.

2. Michael Craig Maxwell - Fully Briefed Since 2011

Maxwell was convicted of four counts of capital murder for the 1998 killings of Harold Pugh and his 11‑year‑old son, Joey, in Colbert County. He filed his habeas petition in July 2010, and the case has been fully briefed since March 2011, with additional rounds of briefing in 2014 and 2024. The State has filed four motions requesting a ruling-none of which have been acted upon.

3. James Ben Brownfield - No Ruling Since 2019

Brownfield was sentenced to death for the 2001 murders of his sister, Brenda McCutchin; her husband, Latham McCutchin; and her three‑year‑old grandson, Joshua Hodges, in Jackson County. His federal habeas petition was fully briefed in December 2019, and despite the State's motion for a timely ruling, the court has taken no action.

4. Kerry M. Spencer - Eight Years Without a Decision

Spencer was sentenced to death for the 2004 murders of Birmingham Police Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett, and for the attempted murder of Officer Michael Collins. He filed his habeas petition in November 2016, and briefing was completed by November 20, 2017. More than eight years later, the district court has still not ruled.

A Broader Challenge to Federal Court Delays

Marshall's filings argue that these four cases are not isolated incidents but evidence of a broader pattern of federal courts failing to act in a timely manner on capital appeals. The Attorney General contends that such delays erode public confidence in the justice system and prolong the suffering of victims' families.

The petitions ask the Eleventh Circuit to compel the district courts to issue rulings-an extraordinary step that underscores the State's frustration.

What Comes Next

If the Eleventh Circuit agrees with Marshall, the federal district courts could be ordered to issue decisions in each of the four cases, clearing the way for Alabama to resume the next steps in the capital‑punishment process. If the court declines, the delays could continue indefinitely.

For now, Marshall says the State will continue pressing for action.

"We've done our jobs... it's past time for the federal courts to do theirs," he said.