Today, August 15, 2007, the U.S. Fifth Circuit Court of Appeals remanded the case of Scott Panetti to the District Court for the Western District of Texas "for further proceedings consistent with the opinion of the Supreme Court." The Supreme Court had overturned the Fifth Circuit's decision to allow Panetti's execution to proceed, ruling that it had used “an improperly restrictive test” in determining that his severe delusions did not render him incompetent to be executed.
The U.S. 5th Circuit Court of Appeals, which considers cases from Texas, Louisiana, and Alabama, has never found a death row inmate incompetent for execution.
http://www.ca5.uscourts.gov/opinions/unpub/04/04-70045.0.wpd.pdf
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