Shook Pro Bono Appeal Overturns 35-Year-Old Murder Conviction

In a 35-year-old case, the Eleventh Circuit held that an Alabama death row inmate, Michael Sockwell, is entitled to a writ of habeas corpus vacating his murder conviction and death sentence. Reversing the Middle District of Alabama’s denial of habeas relief, the Eleventh Circuit ruled that Sockwell’s conviction was unconstitutional because the prosecution engaged in race discrimination during jury selection. 

In 1990, Sockwell was charged with murder for hire in Montgomery, Alabama. The state alleged that a woman paid Sockwell $100 to kill her husband—a sheriff in Montgomery. A jury convicted Sockwell and recommended life imprisonment, but the trial court overrode that decision and sentenced him to death. 

During jury selection at Sockwell’s trial, the prosecutor used her peremptory strikes to remove 80% of the Black jurors from the venire panel. The prosecutor was asked to give her reasons for striking one of the Black jurors, named Davis, and she responded: “Mr. Davis, according to my notes, is a Black male, approximately 23 years of age, which would put him very close to the same race, sex, and age of the defendant.”  

In yesterday’s decision, the Eleventh Circuit held that the prosecution’s removal of Davis from the jury violated the Equal Protection Clause under Batson v. Kentucky. It further held that the Alabama Supreme Court’s rationale on direct appeal—that the prosecutor’s reference to race was “merely a descriptive identification” of the juror—was inconsistent with clearly established federal law. The opinion contains a lengthy description of the history of race discrimination in the Montgomery County DA’s office, including by Sockwell’s prosecutor.

The Eleventh Circuit directed the district court to issue a writ of habeas corpus unless Alabama initiates a retrial within a reasonable time. The state has 21 days to request en banc review by the full Eleventh Circuit. 

Shook played a lead role in representing Sockwell throughout the appeal. Partners Mike Rayfield and Melissa Madsen took the lead on briefing the case and conducting the oral argument, with support from Partners Matt Wolfe and Scott Chesin. Mayer Brown LLP and BakerHostetler were co-counsel both in the district court and on appeal.

The case is Sockwell v. Commissioner, Alabama Department of Corrections, No. 23-13321 (11th Cir., June 30, 2025).