United States Supreme Court Holds Lack of Memory of the Offense Not a Clearly Established Basis to Prevent Execution

The United States Supreme Court today held that a Death Row prisoner who does not remember the offense because of medical problems that include strokes cannot use that as a basis under federal habeas to prevent his execution.
In a per curiam opinion joined by all of the Justices, the Court held that it wasn’t unreasonable for the State and federal District Courts to hold that since the Defendant understood that he was being punished for a murder.
Justice Ginsburg wrote a concurring opinion that this issue deserves a full hearing on the merits but conceded that under the strictures of the Anti-Terrorism and Effective Death Penalty Act (AEDPA), the State court findings are not contrary to clearly established federal law.

The case is Dunn v, Madison.


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