Rector v. Bryant

United States Supreme Court

501 U.S. 1239

Rector  v.  Bryant

No. 90-7755 

See U.S., 112 S.ct. 34.

On Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit.

The petition for a writ of certiorari is denied.

Justice MARSHALL, dissenting.

In Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986), this Court recognized that "the Eighth Amendment prohibits a State from carrying out a sentence of death upon a prisoner who is insane." Id., at 409-410, 106 S.Ct., at 2601-2602. The full Court, however, did not attempt a comprehensive definition of insanity or incompetence in this setting. See id., at 407-408, 409-410, 106 S.Ct., at 2600-2601, 2601-2602; id., at 418, 106 S.Ct., at 2606 (Powell, J., concurring in part and concurring in the judgment). This petition presents the question whether a prisoner whose mental incapacity renders him unable to recognize or communicate facts that would make his sentence unlawful or unjust is nonetheless competent to be executed. Because Ford leaves this question unanswered, and because this is an important and recurring issue in the administration of the death penalty, I would grant the petition.

• After shooting and killing a police officer sent to investigate petitioner's involvement in another homicide, petitioner attempted to end his own life by shooting himself in the head. The gunshot did not kill petitioner. However, it did sever a three-inch section of petitioner's brain, resulting in a frontal lobotomy. See 923 F.2d 570, 571, and n. 2 (CA8 1991). The trial court rejected petitioner's claim that he was incompetent to stand trial for murder of the police officer. Petitioner's conviction and sentence of death were affirmed on appeal.

Petitioner thereafter filed a petition for a writ of habeas corpus in federal district court, arguing that his deteriorated mental condition rendered him incompetent to be executed. The District Court ordered a mental evaluation of petitioner to be conducted by the United States Medical Center for Federal Prisoners. The examiners reached two conclusions. First, the examiners determined "that no mental illness or defect prevents [petitioner] from being aware of his impending execution and the reason for it." Id., at 572. Second, applying the competency standard adopted by the American Bar Association in its Criminal Justice Mental Health Standards, ^[1] the examiners reported that

Notes

1. ABA Standard 7-5.6(b) provides:

"A convict is incompetent to be executed if, as a result of mental illness or mental retardation, the convict cannot understand the nature of the pending proceedings, what he or she was tried for, the reason for the punishment, or the nature of the punishment. A convict is also incompetent if, as a result of mental illness or mental retardation, the convict lacks sufficient capacity to recognize or understand any fact which might exist which would make the punishment unjust or unlawful, or lacks the ability to convey such information to counsel or to the court." ABA Criminal Justice Mental Health Standards 7-5.6(b) (1989) (emphasis added).