Whether the State of Florida's perfunctory evaluation of Owen's claim that he is legally insane and incompetent to be executed violated the Eighth Amendment

QUESTIONS PRESENTED Owen was sentenced to death thirty-seven years ago. Owen has been found to be incompetent to be executed by a neuropsychologist who evaluated Owen for over thirteen hours and conducted a battery of testing. Owen lacks a rational understanding of the connection between his crime and impending execution due to his fixed psychotic delusions and dementia. Accordingly, Owen raises the following issues: 1. Whether the State of Florida's perfunctory evaluation of Owen’s claim that he is legally insane and incompetent to be executed violated the Eighth Amendment when the state courts refused to provide meaningful consideration of whether Owen’s longstanding and fixed delusions prevented a rational understanding of the link between the crime and its punishment? 2. Whether the Florida courts’ failure to explicitly consider and make findings regarding Owen’s dementia as a basis for lack of rational understanding when evaluating whether Owen is incompetent to be executed violates his rights under the Eighth Amendment? i