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Republican Judge on Texas High Court Says Death Penalty Should be Abolished
Dec 05 2014
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Texas Court of Criminal Appeals Judge Tom Price cites the unreasonably high risk of executing an innocent person as one of several compelling reasons that the death penalty should be abolished.
By all reasoned accounts, Scott Panetti is mentally ill. He has been most of his adult life. After honorably discharging from the Navy at age 18, the 56-year-old Panetti began to experience and battle schizophrenia. By the time he was 34, he had been hospitalized fourteen times for the disease. This extreme mental illness led to Panetti being convicted in 1992 in Fredericksburg for stabbing to death the parents of his wife and seriously wounding her in the attack as well.
During the decade prior to this horrific crime of domestic violence, he was involuntarily committed ten times to mental hospitals in Texas and Wisconsin.
Thus, there is no question that Scott Panetti is, and has been since 1978, mentally ill.
Newspapers, mental health advocates, death penalty opponents, and even his ex-wife called upon the State of Texas not to carry out his December 1, 2014 scheduled execution. But, incoming governor and current attorney general Greg Abbott is not sympathetic to those efforts. The attorney general’s office has aggressively fought to have Panetti put to death by lethal injection in the state’s death chamber at Huntsville.
Fortunately, approximately six hours before Panetti’s 6:00 p.m. scheduled execution, a three-judge panel of the Fifth Circuit Court of Appeals intervened and stayed the execution. Abbott’s office was not pleased, countering the decision by saying Panetti’s claims of incompetence have been considered and rejected by the courts numerous times in the past.
Abbott’s willingness to aggressively push for the execution of a mentally ill inmate indicates that the rate and pattern of executions in Texas will continue, if not accelerate, during his tenure as governor.
The incoming governor, we feel, should join the rest of the community of reasonable thinking people and educate himself on the issue of executing the mentally ill. On the very day of Panetti’s scheduled execution, Public Policy Polling published a survey that found that Americans by a 2-1 margin oppose the death penalty for mentally ill defendants. This view crossed race, gender, geographic, region, political affiliation and education lines. Republicans in Abbott’s own party opposed the practice of executing the mentally ill by a 59 percent margin.
One of those Republicans, who not only opposes executing the mentally ill but now opposes the use of the death penalty in any situation, is Judge Tom Price, a member of the Texas Court of Criminal Appeals. The judge made his views known in a stunning November 26, 2014 dissenting opinion in the Panetti case in which he objected to the court’s refusal to stay the execution.
Judge Price open his dissent with this remarkable revelation: “Having spent the last forty years as a judge for the State of Texas, of which the last eighteen years have been a judge on this Court, I have given a substantial amount of consideration to the propriety of the death penalty as a form of punishment for those who commit capital murder, and I now believe that it should be abolished.”
The judge characterized Panetti as suffering from “severe mental illness.” He pointed to two Supreme Court decisions, Atkins v. Virginia and Ford v. Wainwright, in which the court held that “evolving standards of decency” force the conclusion that executing the mentally retarded or insane does not “measurably advance the retribution and deterrence purposes served by the death penalty.”
Applying this broad principle to the Panetti case, Judge Price said that “unless and until a federal court or the Supreme Court grants his application, applicant, who few dispute is severely mentally ill, will be executed, whereas a similarly situated mentally challenged person, such as one who is mentally retarded or one who is insane, will have his sentence commuted to life in prison. This artificial line divides life and death. I can imagine no rational reason for carving a line between the prohibition on the execution of a mentally retarded person or an insane person while permitting the execution of a severely mentally ill person.”
Anyone who, like Judge Price, rationally considers the propriety of the death penalty would conclude that this irrevocable punishment is hopelessly flawed, with too many disparities in its application, to be either constitutional or act as a legitimate response to crime. It is a punishment directed primarily against the socially disadvantaged, racial minorities, the poor, and those with the least effective legal representation. Besides these historical issues, Judge Price offered probably the most compelling reason to abolish the death penalty:
“… society is now less convinced of the absolute accuracy of the criminal justice system… In my time on this Court, I have voted to grant numerous applications for writs of habeas corpus that have resulted in the release of dozens of people who were wrongfully convicted, and I conclude that it is wishful thinking to believe that this State will never execute an innocent person for capital murder… I am convinced that, because the criminal justice system is run by humans, it is naturally subject to human error. There is no rational basis to believe that this same type of human error will not infect capital murder trials… I conclude that the increased danger that a wrongfully convicted person will be executed for capital murder that he did not commit is an irrational risk that should not be tolerated by our criminal justice system.”
What legitimate purpose would the execution of Scott Panetti serve? Similarly, what purpose does the execution of anyone serve?
Take the first step toward protecting your freedom by contacting us now
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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