Casey McWhorter was convicted of capital murder and sentenced to death for the 1993 fatal shooting of Edward Lee Williams in Marshall County after a jury voted 10-2 for his execution. Casey has been on Death row for almost 30 years.
MONTGOMERY-Governor Kay Ivey on Wednesday announced she has set the time frame for the execution of Casey McWhorter to occur beginning 12:00 a.m. on Thursday, November 16, 2023 and expiring 6:00 a.m. on Friday, November 17, 2023.
The governor’s letter to the Alabama Department of Corrections Commissioner John Hamm, as well as the Supreme Court’s order are attached.
John Q. Hamm, Commissioner
Alabama Department of Corrections
301 S. Ripley Street
Montgomery, AL 36130
Dear Commissioner Hamm:
The Supreme Court of Alabama has entered an order authorizing you to carry out inmate Casey A. McWhorter’s sentence of death for the capital murder of Edward Lee Williams. According to the Supreme Court’s order, the execution must occur within a time frame to be set by the governor to begin not less than 30 days from October 13, 2023, the date of the order.
Accordingly, I hereby set a thirty-hour time frame for the execution to occur beginning at 12:00 a.m. on Thursday, November 16, 2023, and expiring at 6:00 a.m. on Friday, November 17, 2023.
The order of the Supreme Court of Alabama, which I enclose with this letter, constitutes the death warrant.
Although I have no current plans to grant clemency in this case, I retain my authority under the Constitution of the State of Alabama to grant a reprieve or commutation, if necessary, at any time before the execution is carried out.
Sincerely,
Kay Ivey Governor
IN THE SUPREME COURT OF ALABAMA
October 13, 2023
1990427
Ex parte Casey A. McWhorter. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Casey A. McWhorter
- State of Alabama) (Marshall Circuit Court: CC-93-77; Criminal Appeals: CR-93-1448).
ORDER
On August 9, 2023, the State of Alabama filed a motion requesting that this Court, pursuant to Rule 8(d)(1), Ala. R. App. P., enter an order authorizing the Commissioner of the Department of Corrections to carry out Casey A. McWhorter’s sentence of death within a time frame set by the governor. Upon due consideration of such motion,
IT IS ORDERED that the Motion is GRANTED.
IT IS FURTHER ORDERED that the Commissioner of the Department of Corrections is authorized to carry out Casey A. McWhorter’s sentence of death within a time frame set by the Governor of the State of Alabama.
IT IS FURTHER ORDERED that the Governor shall set a time frame, which shall not begin less than 30 days from the date of this order, within which the Commissioner of the Department of Corrections shall carry out Casey A. McWhorter’s sentence of death.
IT IS FURTHER ORDERED that the Clerk of this Court shall transmit forthwith a certified copy of this Order electronically or by mailing a copy thereof by United States mail, postage prepaid, to the following:
the attorney of record for Casey A. McWhorter; the Governor of Alabama; the Attorney General of Alabama; the Commissioner of the Department of Corrections; the Clerk of the Alabama Court of Criminal Appeals; and
IN THE SUPREME COURT OF ALABAMA
October 13, 2023
the Clerk of the Marshall Circuit Court.
This Order authorizing the Commissioner to carry out Casey A. McWhorter’s sentence of death constitutes the execution warrant for Casey A. McWhorter.
Parker, C.J., and Shaw, Bryan, Sellers, Mendheim, Stewart, Mitchell, and Cook, JJ., concur.
Wise, JJ., recuses.
I, Megan B. Rhodebeck, Clerk of the Supreme Court of Alabama, do hereby certify the foregoing is a full, true, and correct copy of the judgment and order of the Supreme Court of Alabama regarding Casey A. McWhorter as the same appears of record in this Court.
Witness my hand and seal this 13th day of October, 2023.
Megan Rhodebeck
CLERK OF COURT
Media Release/Office of Alabama Governor Kay Ivey