The East Tennessee Federal Public Defenders have appealed Judge Thomas Phillip’s decision that Daryl Holton is mentally competent to end his appeals to the U.S. Sixth Circuit Court. The crux of their appeal is that the District Court unconstitutionally denied Holton’s attorneys the chance to present evidence contrary to that of the court appointed expert, even though they had other experts who had evaluated Holton ready to testify that he was not mentally competent to waive his appeals.
Considering the fact that no one contests the fact that Holton suffers from severe mental illness, including major depression and Post Traumatic Stress Disorder, it seems only fair that courts should here testimony from all relevant sources. Yet the Federal P.D.s were not allowed to present their own witnesses or have any meaningful contact with the court appointed evaluator, leaving no one specifically looking after Holton’s interest in a clear violation of his constitutional rights.
While we are hopeful that this appeal will be successful, TCASK will continue to prepare to oppose the execution until we can be absolutely sure that there is a stay that will hold in place. So check your emails and get ready to take action on Monday or even this weekend.
You can read the full appeal here.
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