Bacon v. Lee

It has been said that “The right to be heard does not ... include the right to be taken seriously.”1 In a very real sense, the opposite is true in death penalty cases. A defendant must not only be allowed opportunities to be heard — on direct appeal, in a motion for appropriate relief, and in a federal habeas corpus petition, but claims made in the course of those proceedings must be given the serious consideration they are due.

In this case, there is no doubt that Robert Bacon has been afforded proceedings in which to allege errors in his trial and sentencing; on this record, however, I am…