Court denies appeal of inmate who says chosen method of death is unconstitutional

Memphis Commercial Appeal ^ | 6/19/7 | Lawrence Buser

[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.

[HEY4QDEMS]

>>>Bada Bing! Maybe place his head under the wheels of an SUV and releasing the hand brake!<<<

You know when that scene played, I almost fell off the couch peeing myself laughing. Now my wife thinks I’m a psychopath.