The Florida high court has rejected an 11th-hour appeal for a stay of execution for a convicted murderer. An appeals attorney explains the background of the case and what’s next for the inmate.
Florida Appeals Attorney Explains the Background of the Case
63-year-old John Ruthell Henry has been on death row for 27 years. He has allegedly killed three people but was convicted of killing his wife Suzanne. Henry has appealed his sentence and asked for a stay of execution on the grounds killing him would violate his Constitutional right to be free of cruel and unusual punishment. The U.S. Supreme Court has held that mentally disabled inmates cannot be executed and a Florida federal appeals lawyer explains, Henry’s attorneys have argued that he his disabled.
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Recent Developments in the Law
The U.S. Supreme Court has recently held that states must use more than I.Q. tests to determine whether an inmate is mentally disabled. Previously, states would presume disability if the inmate’s I.Q. score fell below 70. As a Florida federal appeals attorney explains, the Court held that I.Q. testing can have questionable reliability in some cases and should not be the only factor used.
What’s Next for Inmate Henry
Henry has exhausted his state level appeals. The Florida court was not convinced that Henry was mentally disabled. They found that he knew right from wrong, could drive a car and hold a job, etc. His lawyers have indicated that their only chance is to take Henry’s case to the federal level. If successful, this could ultimately land him before the U.S. Supreme Court. Admittedly, his lawyers have stated they know this is a long shot in light of the high court’s recent decisions.
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If you need skilled counsel about a criminal or appeals matter, contact an experienced Florida federal appeals attorney at the offices of Brownstone Law. Call 855.776.2773 to set up an appointment for an initial consultation.
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