Clear and convincing evidence can be a co-worker or two from about ten years ago, as happened when they wanted to kill Nancy Cruzan.
I am clearly not convinced that what the courts claim is clear and convincing evidence of a desire for death is truly clear and convincing. A casual statement of the sort, "I never want to live like that," is not necessarily a death wish. Who in their right mind would want to live like that?! The statement could merely be an expression of a desire to never befall such a fate--not a request to be snuffed should such fate arrive.