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Another 5th Circuit odd-ball

By Karl R. Keys, Esq.

Danielle Simpson v. Quarterman, No. 07-70011 (unpublished), is the latest chapter in an ongoing saga about a death row inmate who is just average functioning enough not to be categorically barred from execution.  The Fifth Circuit  originally remanded Mr. Simpson’s habeas petition for a determination of whether Mr. Simpson is mentally retarded and therefore barred from execution.  After the district court found that Mr. Simpson does not meet the requirements of Atkins the panel remanded for a determination of whether he was competent to waive his habeas appeals. Today the panel determines that in light of circuit precedent Mr. Simpson can waive his remaining habeas claims and be executed.

Full post as published by Capital Defense Weekly on August 12, 2009 (boomark / email).