Madison v. Alabama: SCOTUS has heard oral arguments

[NolaAuTiger 3,295]

[Not intended to be a discussion about the death penalty in general]  

https://www.oyez.org/cases/2018/17-7505

Does the Eighth Amendment and the Court’s jurisprudence prohibit a state from executing a prisoner whose mental disability leaves him with no memory of the commission of the capital offense?

Does the Eighth Amendment prohibition of cruel and unusual punishment preclude a state from executing a prisoner who suffers from severe cognitive dysfunction such that he cannot remember the crime for which he was convicted or understand the circumstances of his scheduled execution?

Facts of the case

Vernon Madison has been on death row in Alabama for over 30 years and has had several serious strokes, rendering him unable to remember committing the crime for which he is to be executed. He also exhibits other symptoms of brain damage, including slurred speech, blindness, inability to walk independently, and urinary incontinence. Madison was originally scheduled to be executed in May 2016, and he challenged his competency in state court. The court denied his claim, and Madison then sought habeas corpus relief in federal court. The US Court of Appeals for the Eleventh Circuit found that he was incompetent to be executed.

In November 2017, the US Supreme Court reversed the grant of habeas corpus relief in Dunn v. Madison, finding that the state court’s determinations of law and fact were “not so lacking in justification” as to give rise to error “beyond any possibility for fairminded disagreement” as required under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).

Madison was rescheduled for execution for January 2018, and he again petitioned state court for relief, this time with new evidence that the court-appointed expert upon whose testimony the prior courts relied had been suspended from the practice of psychology. The court again denied his petition, finding Madison competent to be executed. Madison then sought asked the US Supreme Court to consider the constitutional issues underlying his claim, rather than the AEDPA ones it ruled on earlier.

[AuburnNTexas 7,140]

This is a tough one.  As a Catholic I am against capital Punishment just like I am against Abortion. That said my personal opinion does not matter as we are discussing what is legal not whether it should be legal. From what I believe I have read in the past there is a legal standard of the person being executed needs to understand what he did and needs to understand why he is being executed.

As usually happens in these type cases the defense finds a psychologist that says he is not capable and the prosecution finds one who says he is competent. That leaves it up to the Court to decides whose analyses is correct. From what I have read I do believe the strokes have impaired him to the point that he should not be executed 

Assuming my understanding of the law on competence is correct I don't believe he should be executed. Based on my personal believes about life being sacred I know I don't want him to be executed.

[bigbird 60,480]

15 hours ago, AuburnNTexas said:

This is a tough one.  As a Catholic I am against capital Punishment just like I am against Abortion. That said my personal opinion does not matter as we are discussing what is legal not whether it should be legal. From what I believe I have read in the past there is a legal standard of the person being executed needs to understand what he did and needs to understand why he is being executed.

As usually happens in these type cases the defense finds a psychologist that says he is not capable and the prosecution finds one who says he is competent. That leaves it up to the Court to decides whose analyses is correct. From what I have read I do believe the strokes have impaired him to the point that he should not be executed 

Assuming my understanding of the law on competence is correct I don't believe he should be executed. Based on my personal believes about life being sacred I know I don't want him to be executed.

Was he cognizant at the time of conviction and sentencing?  To me, his strokes shouldn't fall under the 8th. 

[AUDub 11,147]

20 hours ago, AuburnNTexas said:

From what I believe I have read in the past there is a legal standard of the person being executed needs to understand what he did and needs to understand why he is being executed.

Ford v Wainwright and Panetti v Quarterman.  

I think Roberts is going to join the liberal wing, with those standards as the basis for his ruling. 

[KolchakAU85 430]

If the man was sane when he committed the crime, then his current mental state should not defer or deter his punishment.

[NolaAuTiger 3,295]

19 hours ago, KolchakAU85 said:

If the man was sane when he committed the crime, then his current mental state should not defer or deter his punishment.

What, if any, procedural ramifications should flow from his subsequent mental state?

[KolchakAU85 430]

1 hour ago, NolaAuTiger said:

What, if any, procedural ramifications should flow from his subsequent mental state?

I'm not sure.

In general, I'm against capital punishment.  But given that it's the law, and the man was sentenced under that law, I don't see any reason why his current mental state should change the sentence.

[NolaAuTiger 3,295]

Holding: The Eighth Amendment may permit executing a prisoner even if he cannot remember committing his crime, but it may prohibit executing a prisoner who suffers from dementia or another disorder rather than psychotic delusions.

Judgment: Vacated and remanded, 5-3, in an opinion by Justice Kagan on February 27, 2019. Justice Alito filed a dissenting opinion, in which Justices Thomas and Gorsuch joined. Justice Kavanaugh took no part in the consideration or decision of the case.

[AUDub 11,147]

6 hours ago, NolaAuTiger said:

Holding: The Eighth Amendment may permit executing a prisoner even if he cannot remember committing his crime, but it may prohibit executing a prisoner who suffers from dementia or another disorder rather than psychotic delusions.

Judgment: Vacated and remanded, 5-3, in an opinion by Justice Kagan on February 27, 2019. Justice Alito filed a dissenting opinion, in which Justices Thomas and Gorsuch joined. Justice Kavanaugh took no part in the consideration or decision of the case.

About what I expected.