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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.