Watts v. Singletary

The issue in this case is whether the Constitution permits the trial and conviction of a defendant whose condition is such that he is not aware of what is going on during seventy percent of his five-day trial. The majority thinks so. I think not.

I

Before discussing my disagreement with the majority about the issues that are presented in this appeal, it might be helpful to discuss why we all agree that one issue is not presented. An explanation is in order because that issue seems so clearly raised by the facts of this case. It is, but the State of Florida chose not to argue the issue to us.…