Does executing a condemned person contrary to a capital sentencing jury's determination that he should be sentenced to life imprisonment without the possibility of parole violate the prohibition against cruel and unusual punishments under the Eighth and Fourteenth Amendments to the United States Constitution given that no State or the Federal Government permits the practice any longer?

QUESTIONS PRESENTED Petitioner Kenneth Eugene Smith was sentenced to death by an Alabama trial court despite a jury’s determination by a vote of 11 to 1 that he be sentenced to life imprisonment without the possibility of parole. In 2017, Alabama abolished the authority of trial judges to override capital jury sentencing determinations. Currently, no State or the Federal Government permits trial judges to override capital jury sentencing determinations. The questions presented are: Does executing a condemned person contrary to a capital sentencing jury’s determination that he should be sentenced to life imprisonment without the possibility of parole violate the prohibition against cruel and unusual punishments under the Eighth and Fourteenth Amendments to the United States Constitution given that no State or the Federal Government permits the practice any longer? Should this Court overrule Harris v. Alabama, 513 U.S. 504 (1995)?