Madison v. Alabama

Wikipedia · Justia (with opinion) · Docket · oyez.org

Argued on Oct 2, 2018.
Decided on Feb 27, 2019.

Petitioner: Vernon Madison.
Respondent: State of Alabama.

Advocates:

Bryan A. Stevenson (for petitioner)
Thomas R. Govan, Jr. (for respondent)

Facts of the case (from oyez.org)

Vernon Madison has been on death row in Alabama for over 30 years and has had several serious strokes, rendering him unable to remember committing the crime for which he is to be executed. He also exhibits other symptoms of brain damage, including slurred speech, blindness, inability to walk independently, and urinary incontinence. Madison was originally scheduled to be executed in May 2016, and he challenged his competency in state court. The court denied his claim, and Madison then sought habeas corpus relief in federal court. The US Court of Appeals for the Eleventh Circuit found that he was incompetent to be executed.

In November 2017, the US Supreme Court reversed the grant of habeas corpus relief in Dunn v. Madison, finding that the state court’s determinations of law and fact were “not so lacking in justification” as to give rise to error “beyond any possibility for fairminded disagreement” as required under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).

Madison was rescheduled for execution for January 2018, and he again petitioned state court for relief, this time with new evidence that the court-appointed expert upon whose testimony the prior courts relied had been suspended from the practice of psychology. The court again denied his petition, finding Madison competent to be executed. Madison then sought asked the US Supreme Court to consider the constitutional issues underlying his claim, rather than the AEDPA ones it ruled on earlier.

Question

Does the Eighth Amendment and the Court’s jurisprudence prohibit a state from executing a prisoner whose mental disability leaves him with no memory of the commission of the capital offense?
Does the Eighth Amendment prohibition of cruel and unusual punishment preclude a state from executing a prisoner who suffers from severe cognitive dysfunction such that he cannot remember the crime for which he was convicted or understand the circumstances of his scheduled execution?

Conclusion

The Eighth Amendment does not prohibit a state from executing a prisoner who cannot remember committing his crime, but it does prohibit executing a prisoner who cannot rationally understand the reasons for his execution, whether that inability is due to psychosis or dementia.

In a 5-3 opinion authored by Justice Elena Kagan, the Court reviewed its precedents on the scope of the Eighth Amendment as applied to mentally incompetent death row prisoners. In 1986, the Court held in Ford v. Wainwright, 477 U.S. 399, that the Eighth Amendment prohibits execution of a prisoner who has “lost his sanity” after sentencing, relying on a “moral intuition” that “killing one who has no capacity” to understand his crime or punishment “simply offends humanity.” In Ford, the Court also pointed out that there is no “retributive value” in executing a person who has no comprehension of the sentence. In 2007, the Court in Panetti v. Quarterman, 551 U.S. 930, provided more specific criteria for how to identify prisoners ineligible for execution, identifying the “critical question” as whether a “‘prisoner’s mental state is so distorted by a mental illness’ that he lacks a ‘rational understanding’ of ‘the State’s rationale for [his] execution.’”

Although the parties disputed in the lower courts whether the lack of memory of commiting the crime, alone, disqualified a prisoner from execution, Madison accepted Alabama’s position that it does not, under Panetti. Likewise, the parties disputed in the lower courts whether Panetti applies only to prisoners suffering from psychosis, and categorically excludes those suffering from dementia, and Alabama accepted Madison’s position that it does not. The remaining issue, then, is whether the prisoner is unable to rationally understand the reasons for his sentence; if so, the Eighth Amendment forbids his execution. This is a question for the lower court on remand.

Justice Samuel Alito filed a dissenting opinion in which Justices Clarence Thomas and Neil Gorsuch joined. The dissent would not have reached the second question, opining that Madison presented only the first question in its petition and that Madison’s counsel raised the other question only after concluding that the first argument was unlikely to prevail.

Justice Brett Kavanaugh took no part in the consideration or decision of the case.

[17-7505] Madison v. Alabama

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