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Michael Perlin of the New York Law School has posted, "Insanity is Smashing Up Against My Soul: Panetti v. Quarterman and Questions that Won't Go Away," at SSRN.  Here's the abstract: In Panetti v. Quarterman, the US Supreme Court expanded upon and clarified its earlier decision in Ford v. Wainwright, barring the execution of persons with mental disabilities who do not have a rational understanding of the reasons he is to be executed. The Panetti decision, however, has a second holding that may be equally important: that the failure to provide a defendant an adequate opportunity to submit expert evidence in response to the report filed by the court-appointed experts thus deprived him of his constitutionally adequate opportunity to be heard...continue to full post

Full post as published by StandDown Texas Project on May 12, 2008 (boomark / email).