CBP and ICE Chiefs Faced Off Against Unhinged Dems...and One Said the Quiet...
Democrat Presidential Hopeful Has Been Telling Some Weird Lies About His Ancestor and...
DOJ Charges Two Men in $120 Million Adult Day Care Fraud Scheme
The Press Gets Unwound by Their Solitary Sources, and the NYT Goes Winter...
Chewing the Fat on the Left's 'Body Positivity' Flip Flop
National Nurses Union Calls for the Abolition of ICE
Delaware Smacked Down for Trying to Enforce Law, Ignoring Injunction
The Clintons Are So Over
Tensions Rise At the White House's New Religious Liberty Commission as One Member...
Mike Johnson Blasts Mamdani's DOH for Creating a ‘Global Oppression’ Group Focused on...
Kentucky Senate Candidate Andy Barr Endorses Pro-Amnesty Book Despite Pledging to Be ‘Amer...
The NYT Report on the Marijuana Epidemic Is a Startling Warning
Democrat Attacks Christians, Calls Muslim Jihad on the West a 'Middle Eastern Version...
Even CNN Knows That Democrats Are on the Wrong Side of the Voter...
Ken Paxton Notches Immigration Win As Premier Community for Illegals Pays Out $68...
Tipsheet

Brumfield v. Cain: 5-4 Opinion Putting Off Death Penalty Because of a "Mental Disability"

Earlier Supreme Court decisions have decreed that individuals who are juveniles, mentally disturbed, or mentally disabled are ineligible for the death penalty. Today, the Supreme Court ruled in a 5-4 decision that Kevan Brumfield can have the Atkins claim considered in federal court because of his mental disability.

Advertisement

So what exactly is an Atkins claim? And how is this preventing Brumfield from facing the death penalty? (For now).

In 2002, it was decided in Atkins v. Virginia that:

Those mentally retarded persons who meet the law’s requirements for criminal responsibility should be tried and punished when they commit crimes. Because of their disabilities in areas of reasoning, judgment, and control of their impulses, however, they do not act with the level of moral culpability that characterizes the most serious adult criminal conduct.

The Argument for Brumfield: On March 30th, the Supreme Court held an hour oral argument determining if petitioner Brumfield was granted an Atkins trial. Brumfield filed on account that he was mentally retarded requesting funds to help develop this Atkins claim. With evidence that that he had an IQ of 75, the equivalent of a fourth grade reading level, had been prescribed numerous medications, and treated at psychiatric hospitals as a child; the Louisiana Supreme Court found that Brumfield did not have an Atkins hearing.

Advertisement

Today, however, it was established that because Brumfield was not granted an evidentiary hearing, or granting him the time or funding to provide proper evidence–he would be granted his Atkins claim in federal court.

Brumfield was convicted of murdering a Baton Rouge police officer in 1995.

Join the conversation as a VIP Member

Recommended

Trending on Townhall Videos

Advertisement
Advertisement
Advertisement