Court Considers Role of Inmate Competence

The U.S. Supreme Court yesterday considered whether appeals should wait until inmates are mentally competent enough to assist their lawyers, and according to an Associated Press story in, seemed inclined to eliminate the authority of federal judges to indefinitely delay appeals. However, the justices spent considerable time talking about the differences in a proposed delay of six or nine months, or as much as a year. Lawyers for two death row inmates, however, urged the court to leave that discretion to the sitting judge. “No individual should lose potentially meritorious claims because of mental illness,” one of them argued.

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