Legal Opinion · Dissent

Rector v. Bryant, Attorney General of Arkansas, Et Al.

Supreme Court of the United States

Decided September 20, 1991No. 90-7755Published

1DissentJustice Marshall

In Ford v. Wainwright, 477 U. S. 399 (1986), this Court recognized that “the Eighth Amendment prohibits a State from carrying out a sentence of death upon a prisoner who is insane.” Id., at 409-410. The full Court, however, did not attempt a comprehensive definition of insanity or incompetence in this setting. See id., at 407-408, 409-410; id., at 418 (Powell, J., concurring in part and concurring in the judgment). This petition presents the question whether a prisoner whose mental incapacity renders him unable to recognize or communicate facts that would make his sentence unlawful or unjust…

2Cases cited12 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Penry v. LynaughSupreme Court of the United States · 1989
  3. Trop v. DullesSupreme Court of the United States · 1958
  4. Ford v. WainwrightSupreme Court of the United States · 1986
  5. Stanford v. KentuckySupreme Court of the United States · 1989

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API