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State judge expressing concerns about Kentucky's capital procedures

By Douglas A. Berman

As detailed in this AP article, a state judge "expressing concerns about how Kentucky's execution procedures handle issues of mental retardation and insanity."  Here are more details: Franklin Circuit Judge Phillip Shepherd said during a hearing that Kentucky's execution regulations appear to be silent on how the state Department of Corrections is supposed to handle those issues when it comes to a condemned inmate. "It seems to me that this regulation could be followed to the letter and someone who is mentally retarded could still be executed," Shepherd said. Shepherd's comments came during a hearing in a lawsuit brought by 53-year-old Gregory L. Wilson and two other death row inmates challenging how Kentucky adopted its administrative procedure of carrying out an execution...continue to full post

Full post as published by Sentencing Law and Policy on September 08, 2010 (boomark / email).