No. 22-5848

Benjamin Robert Cole v. Jim Farris, Warden

Lower Court: Oklahoma
Docketed: 2022-10-17
Status: Denied
Type: IFP
IFP
Tags: death-row disputed-issues-of-fact eighth-amendment execution-competency ford-v-wainwright fourteenth-amendment panetti-v-quarterman procedural-safeguards state-court warden-gatekeeper
Key Terms:
AdministrativeLaw DueProcess Punishment HabeasCorpus JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether it violates the Eighth Amendment and this Court's decisions in Ford v. Wainwright and Panetti v. Quarterman, for a state court to bypass procedural safeguards when there are disputed issues of fact

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether it violates the Eighth Amendment and this Court’s decisions in Ford v. Wainwright, 477 U.S. 399 (1986), and Panetti v. Quarterman, 551 U.S. 930 (2007), for a state court to bypass procedural safeguards when there are disputed issues of fact? 2. Whether it violates the Fourteenth Amendment for a warden, who is directly in charge of carrying out the execution, to also assume the role of gatekeeper _ to the execution competency process? 3. Whether the State of Oklahoma’s procedural framework for determining competency to be executed violates the Eighth Amendment, and the Court’s decisions in Ford v. Wainwright, and Panetti v. Quarterman? 1

Docket Entries

2022-10-19
Application (22A317) referred to the Court.
2022-10-19
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2022-10-19
Application (22A317) for stay of execution of sentence of death presented to Justice Kavanaugh and by him referred to the Court is denied. Justice Gorsuch took no part in the consideration or decision of this application.
2022-10-18
Brief of respondent Jim Farris, Warden in opposition filed.
2022-10-17
Response to application from respondent Jim Farris, Warden filed.
2022-10-17
2022-10-14
Application (22A317) for a stay of execution of sentence of death, submitted to Justice Kavanaugh. (Justice Gorsuch is recused).
2022-10-14
Response to application (22A317) requested by Justice Kavanaugh, due by 2 p.m. (EDT) October 17, 2022.

Attorneys

Benjamin Cole
Thomas David HirdFederal Public Defender, Petitioner
Thomas David HirdFederal Public Defender, Petitioner
Jim Farris
Tessa Lynn HenryState of Oklahoma Office of the Attorney General, Respondent
Tessa Lynn HenryState of Oklahoma Office of the Attorney General, Respondent