High court blocks Texas killer's execution

[Eugene]

Source: CNN

High court blocks Texas killer's execution
POSTED: 10:49 a.m. EDT, June 28, 2007

By Bill Mears
CNN Washington Bureau

WASHINGTON (CNN) -- In another 5-4 vote, the U.S. Supreme Court
blocked the execution of a Texas double murderer whose attorneys
argue he is so mentally ill he doesn't understand his punishment.

The court did not rule on the larger issue of whether the mentally
ill should be executed. Instead, the decision rested on whether he
received a full hearing on the matter in the lower courts.

Panetti killed his estranged wife's parents in 1992.

His attorneys say he does not comprehend that his execution would
be his punishment for the crimes he committed.

-snip-

Read more: http://www.cnn.com/2007/LAW/06/28/scotus.death/

[jasmeel]

1. I'm curious where the split was. In every other case decided today

the majority was conservative. Anyone know who voted for what in this case?

[Eugene]

3. According to The Associated Press...

Execution of Mentally Ill Killer Blocked

Thursday June 28, 2007 3:46 PM

By PETE YOST

Associated Press Writer

-snip-

“The court bends over backwards to allow Panetti” to bring
his current claim, despite no evidence that his condition
has worsened, or even changed, since 1995, Thomas wrote.

Siding with Kennedy in the majority were Justices John Paul
Stevens, David Souter, Ruth Bader Ginsburg and Stephen
Breyer.

Joining Thomas in dissent were Chief Justice John Roberts
and Justices Antonin Scalia and Samuel Alito.

-snip-

http://www.guardian.co.uk/worldlatest/story/0,,-6742921,00.html

[Bill McBlueState]

4. Kennedy has a hell of a lot of power all of a sudden.

It seems the other eight judges are all holding the line for their respective ideologies. Everything's going to be 5-4, with Kennedy's side getting the win.

[mitchum]

2. Just tell him it's a pony ride where he can wear his cowboy costume

[MasonJar]

5. Do not kid yourself; Kennedy is quite conservative. His other decisions

have all fallen on the wrong side for two days. The best thing for the country is for those 5 to get out of court and on vacation until October.

[DFW]

6. Scalia, Thomas, Roberts and Alito

Those four never met a death sentence they didn't like.

They probably read "The Ox Bow Incident" as kids, and couldn't figure out
why what happened in the story was wrong.

[3waygeek]

7. They're setting the precedent...

for the time when * stands trial for his crimes.

[happyslug]

8. Actual Opinion

http://www.supremecourtus.gov/opinions/06pdf/06-6407.pdf

Briefs:

http://www.cjlf.org/briefs/Panetti/Panetti.htm