Summary
U. S. Supreme Court decision reversing the Sixth Circuit's decision to uphold Cone's conviction and death sentence. Gary Cone was convicted fourteen years ago of beating an elderly Memphis couple to death during a two-day crime spree. Cone's sole defense was that he was temporarily insane at the time of the murders. Although the defense attorney appealed for mercy, the jury sentenced Cone to death. On appeal, Cone alleged his attorney was incompetent. The claim was thoroughly reviewed and denied in the state courts. When Cone appeared before the Sixth Circuit for the third time, he alleged that prosecutors had improperly withheld evidence of his drug use, which he believed would have encouraged sympathy from the jury. The Sixth Circuit rejected his claim as procedurally defaulted and meritless. The Foundation joined the case to argue that Cone's claim had been given more consideration than required by law, and further delay was not warranted. In a 5-1-1-2 decision, with Justice Stevens speaking for the majority, the Court remanded the case to the District Court to decide whether the evidence of Cone's drug use was reasonably likely to have affected the sentence. Under the unusual procedural history of this case, the federal court was required to make this determination itself. [CJLF brief in PDF.]
