No. 22-5872
IFP
Tags: competency death-penalty due-process eighth-amendment execution-protocol fourteenth-amendment habeas-corpus mental-competency mental-illness original-jurisdiction
Latest Conference:
N/A
Question Presented (from Petition)
Whether the State of Oklahoma may execute Benjamin Cole while he is incompetent to be executed, in violation of the Eighth and Fourteenth Amendments to the United States Constitution, when the state warden has refused to initiate competency for execution proceedings as required by Oklahoma statute despite evidence of severe mental illness and organic brain impairment.
Question Presented (AI Summary)
Whether a prisoner who is incompetent to be executed can be executed under the Eighth and Fourteenth Amendments
Docket Entries
2022-10-20
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
2022-10-20
Application (22A332) for a stay of execution of sentence of death, submitted to Justice Kavanaugh. (Justice Gorsuch is recused).
2022-10-20
Response to application from respondent Jim Farris, Warden filed.
2022-10-20
Brief of respondent Jim Farris, Warden in opposition filed.
2022-10-20
Application (22A332) referred to the Court.
2022-10-20
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2022-10-20
Application (22A332) for stay of execution of sentence of death presented to Justice Kavanaugh and by him referred to the Court is denied. Justice Gorsuch took no part in the consideration or decision of this application.
Attorneys
Benjamin Cole
Jim Farris, Warden