Posted on 06/19/2007 3:23:46 PM PDT by SmithL
A federal appeals court has turned down the appeal of a death row inmate who has chosen electrocution over lethal injection but now argues that electrocution is unconstitutional.
Gary Bradford Cone was convicted in 1982 of bludgeoning to death an elderly Memphis couple -- Shipley and Cleopatra Todd -- while hiding out in their home on Evergreen near Poplar after robbing a jewelry store.
The Sixth U.S. Court of Appeals has twice set aside Cone’s death sentence, once ruling that his trial lawyer was ineffective and then again after finding that the jury instructions were unconstitutionally vague.
The U.S. Supreme Court reversed both of those decisions and reinstated Cone’s death sentence.
Cone’s attorneys then renewed some arguments and raised additional issues to the Sixth Circuit last November, including alleged withheld evidence, faulty jury instructions and ineffective assistance of his attorney.
They also alleged that electrocution violates the Eighth Amendment banning cruel and unusual punishment.
Since his crimes were committed before January of 1999, Cone was allowed to choose his method of execution and chose death in the electric chair.
If an inmate refuses to choose, the default method of execution is lethal injection.
"Since Cone selected a method of execution different from the state’s default method, his objections to his chosen method of execution are waived and we do not reach the merits of his claim," the three-judge appeals court panel said in a 2-1 decision filed today in Cincinnati.
"We note that even if Cone’s claim could move forward, neither the Supreme Court nor this circuit has concluded that electrocution offends ‘the evolving standards of decency that mark the progress of a maturing society.’ "
The panel upheld a previous ruling by U.S. Dist. Court Judge Jon McCalla.
No execution date has been set for Cone, now 58, who was a Vietnam veteran and prelaw student from Arkansas. He blamed drug addiction, combat stress and mental illness for his crime spree.
but not nearly as much as Cone is going to be!
How about beheading ? That’s got to be constitutional.
Or bludgeoning?
I think that it would be quite a conflict of interest for a “circuit” court to pass judgment on the use of electricity! :)
I never really thought of the death penalty as punishment. It's more like trash removal.
“Since Cone selected a method of execution different from the state’s default method, his objections to his chosen method of execution are waived and we do not reach the merits of his claim,” the three-judge appeals court panel said in a 2-1 decision filed today in Cincinnati.
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Ha Ha Ha! Lost his final con-game :)
Of all the methods but gas, “riding the lightening” as they call it - is the most likely to allow him to suffer like he deserves.
Quite schocking actually.
Watts amatter with those people?
Cleopatra Todd ...
not to demean the subject matter, but that is a name you dont see everyday.
The attorney that raised this frivolous claim should be sanctioned.
If he didn’t really want to be electrocuted he should have volted for lethal injection.
who cares??/...just put this POS down!!!!
Perhaps he would prefer to be drawn and quartered?
wow....that is one grisly pic! I’d like to have it sent to this animal so he can admire it until he rides the lightning.....
She was considered elderly back in 1982, which means she was named close to the beginning of the 20th Century. A lot of names from that era have fallen into disuse.
To put the picture in perspective :
Allen Lee Davis (July 20, 1944 - July 8, 1999) was a mass murderer executed on July 8, 1999, for the May 11, 1982 Jacksonville, Florida murder of Nancy Weiler, who was three-months pregnant at the time. According to reports, Nancy Weiler, was “beaten almost beyond recognition” by Davis with a .357, and hit over 25 times in the face and head.
He was also convicted of killing Nancy Weiler’s two daughters, Kristina (9, shot twice in the face) and Katherine (5, shot as she was trying to run away). Davis was on parole for armed robbery at the time of the murders.
You don’t run into students of Goethe everyday either. 8^)
Bada Bing! Maybe place his head under the wheels of an SUV and releasing the hand brake!
Gee, maybe he was a good guy after all. After seeing this, I've had a change of heart. Maybe Bush should pardon him. /sarc.
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