State v. Haugen

Because the law requires Judge Guimond to decide whether Haugen is mentally competent to be executed and because Judge Guimond has not yet considered expert testimony relevant to that issue, this court should not conclude that Judge Guimond “has complied” with this court’s alternative writ of mandamus. That writ permitted counsel to present a challenge to Haugen’s mental competence and evidence of Haugen’s incompetence. Until Judge Guimond hears and considers that challenge and evidence, no death warrant should issue.

Before the death warrant hearing that Judge Guimond conducted on May 18,…