Thompson v. McNeil

Background

A man who has been on death row for 32 years asked the Court to decide whether the Eighth Amendment’s ban on cruel and unusual punishment forbids executing someone after such a long delay. The prisoner’s lawyers say much of the delay resulted from errors in his original sentencing and later procedures, which prevented important evidence from being considered earlier.

Reasoning

The core question presented was whether decades-long delay before execution can make that execution unconstitutional. The Court declined to hear the case. Justice Breyer, dissenting from the denial, argued the delay here was unusually long and in significant part caused by constitutionally defective procedures that prevented the jury from hearing nonstatutory mitigating evidence at the first sentencing. He pointed to newly presented evidence at resentencing showing the prisoner was a follower, had low IQ scores, and showed signs of brain damage, and that a jury narrowly recommended death, 7–5.

Real world impact

Because the Court refused review, lower-court outcomes and state plans may proceed while the larger constitutional question remains open. The decision leaves in place the state’s ability to move forward despite a multi-decade wait and does not settle whether such delays violate the Eighth Amendment. Breyer said he would have granted review so the Court could address that unresolved national question.

Dissents or concurrances

Justice Breyer dissented from the denial and would have taken the case; Justice Thomas suggested the prisoner caused much of the delay, a point Breyer rejected.