ILNews

SCOTUS blocks execution

Michael W. Hoskins
January 1, 2007
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The Supreme Court of the United States decided today that a Texas man is considered mentally ill and should not be put to death.

With that much-anticipated decision, Indiana's top jurists will now use that case to decide the fate of a New Albany man convicted of shooting a state trooper in 1993.

In January, the Indiana Supreme Court halted the execution of Norman Timberlake to await word from the nation's highest court on the similar case from Texas. Our justices disagreed on the delay, issuing a 3-2 decision that was the second time in a month they'd disagreed on this particular case and the underlying issue. They decided to wait because the Texas case could change the standard for executing mentally ill inmates and revise the legal definition of "insanity" or "mental illness."

"Timberlake's execution may prove to be prohibited by the Eighth Amendment," the Indiana justices wrote in the order. "We grant a stay to prevent learning the answer to that question after it is too late."

Today's decision from a divided SCOTUS paves the way for the potential block of Timberlake's execution.

The federal court ruled 5-4 in the case of Panetti v. Quarterman, No. 06-6407, which reverses the Court of Appeals and remands it for further proceedings. A 35-page majority opinion was written by Justice Anthony Kennedy, with which Justices John Paul Stevens, David Souter, Stephen Breyer, and Ruth Bader Ginsburg concurred. Justice Clarence Thomas wrote the 21-page dissent, with which Chief Justice John Roberts and Justices Antonin Scalia and Samuel Alito concurred.

The SCOTUS considered 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. Scott Louis Panetti is on death row in Texas for murdering his wife's parents in 1992. His attorneys argued that Panetti is mentally ill and suffers from delusional beliefs that the state was "in league with the forces of evil to prevent him from preaching the Gospel."

In today's ruling, Justice Kennedy wrote that the lower courts should have considered this argument. The majority relied on a 1986 case that held the Eighth Amendment prohibits a state from carrying out a death sentence upon an insane prisoner.

"The prohibition applies despite a prisoner's earlier competency to be held responsible for committing a crime and to be tried for it," the court held. "Prior findings of competency do not foreclose a prisoner from proving he is incompetent to be executed because of his present mental condition."

In its analysis of Panetti's argument, Justice Kennedy wrote, "A prisoner's awareness of the State's rationale for an execution is not the same as a rational understanding of it. Petitioner's submission is that he suffers from a severe, documented mental illness that is the source of gross delusions preventing him from comprehending the meaning and purpose of the punishment to which he has been sentenced. This argument, we hold, should have been considered."

But dissenting justices wrote the majority is imposing a "new standard for determining incompetency."

"By contrast, the Court's approach today - settling upon a preferred outcome without resort to the law - is foreign to the judicial role as I know it," Justice Thomas wrote. "Because the Court's ruling misinterprets AEDPA (the Antiterrorism and Effective Death Penalty Act of 1996), refuses to defer to the state court as AEDPA requires, and rejects the Court of Appeals' approach without any constitutional analysis, I respectfully dissent."

Indianapolis attorney Brent Westerfeld, who is representing Timberlake, could not be reached following today's SCOTUS opinion, but he said earlier this morning that he was anxiously awaiting the ruling to see how Timberlake's case might proceed.

The Indiana Supreme could rule on the Timberlake case anytime, but it will likely come later this summer or in the fall. The court could issue a decision, ask for supplemental briefs to further consider the case, or schedule oral arguments before making a decision.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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