ILNews

Courts weighing execution, mental illness

Michael W. Hoskins
January 1, 2007
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Execution and the mentally ill continue to be topics before the courts.

The Supreme Court of the United States will hear arguments Wednesday in Panetti v. Quarterman, No. 06-640, a Texas case that asks whether it violates a constitutional ban on cruel and unusual punishment to execute a delusional inmate who does not understand why he is being put to death.

That case is one that Indiana Supreme Court justices are closely watching to decide how they ;ll handle a condemned man ;s mental illness claims here.

Arguments are set for 1 p.m. but could be moved to the morning because another case is being dismissed.

In Panetti, the justices are considering the legal definition of "insanity" or "mental illness" as it applies to death row inmates having a factual awareness for the reason they are being executed. However, the justices might be changing how they look at the case, issuing an order this month for additional briefs on the question: "Must petitioner ;s habeas application be dismissed as ‘second or successive ; pursuant to 28 U.S. C. §§2244?"

As the case could change how the mentally ill are executed, Indiana justices decided in January to postpone the execution of Norman Timberlake – convicted in the 1993 shooting death of a state trooper – to see how the higher court rules. A decision is expected this summer.

But there ;s no need to wait. The Indiana Supreme Court heard arguments this morning in State v. McManus, 82S00-0503-PD-78, which involves death row inmate Paul McManus from Evansville. His attorney, Joanna Green, argued that he is ineligible for execution because he was mentally retarded when he killed his wife and two young daughters in 2001. Last spring, Vanderburgh Senior Judge William Brune decided that McManus should spend life in prison instead of being executed.

Now, the state is asking the Supreme Court to reinstate the death penalty.

Judge Brune's decision agreed with the defense on one point: finding McManus fit the legal definition of mental retardation – and the law forbids executing the retarded. Though McManus had a below-average IQ, the prosecutor and the defendant ;s original defense attorney questioned whether McManus met the legal criteria in Indiana for mental retardation. His defense did not claim it in the original trial.

Justices grilled Green today about why at post-conviction she didn ;t raise claims of ineffective assistance of trial counsel and what statues should apply to this case. A glimpse into Timberlake-thought and the larger issue surfaced at times, as when justices asked about how mental retardation is diagnosed and what it means for executions.

State attorney James Martin argued that applicable law at the time didn ;t allow another proceeding and that the trial counsel strategy was not flawed.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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