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| Appeals court allows review for Texas inmate who ate his eye |
| By yahoo.com- Michael Graczyk |
| Published: 06/08/2018 |
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HOUSTON (AP) — A federal appeals court said Thursday it won't consider whether the execution of a Texas inmate who removed his only eye and ate it in an outburst several years ago would be unconstitutional because he's mentally ill but will consider other questions in an appeal of his conviction for killing his estranged wife's 13-month-old daughter. The constitutional issue of executing the severely mentally ill, raised by attorneys for 35-year-old prisoner Andre Thomas, is "foreclosed," a 5th U.S. Circuit Court of Appeals panel said in a brief ruling. The U.S. Supreme Court has ruled mentally disabled people are ineligible for execution. That prohibition does not include the mentally ill. The three-judge appeals court panel, which heard arguments Tuesday, said it would allow his attorneys to move forward with appeals that Thomas' trial lawyers were deficient and his jury was racially biased. Read More. |
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