Keith Eugene Wells, by and Through Rolf M. Kehne v. A.J. Arave, Warden

Without any explanation, a majority of the en banc court has summarily denied next-friend petitioner Rolf M. Kehne’s request for a stay of Keith Wells’ execution. In our rush to “get on with it,” we have once again failed to ensure that a death-row inmate is mentally competent before allowing him to waive his rights and submit to execution.1 As a result, once again we will never know whether the state has acted in a constitutional manner or whether we have unintentionally assisted a mentally disturbed individual in his desire to commit suicide.

I find it troubling that no court — state or…