High court blocks Texas killer's execution

Story Highlights

• Supreme Court blocks execution of double murderer in Texas
• Scott Panetti's attorneys say he doesn't understand why he is being executed
• By 5-4 vote, court's conservative majority sends case back to lower courts
• Panetti wore purple cowboy suit at trial, subpoenaed Jesus Christ and JFK

By Bill Mears
CNN Washington Bureau

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WASHINGTON (CNN) -- In another 5-4 vote, the U.S. Supreme Court blocked the execution of a Texas double murderer whose attorneys argue he is so mentally ill he doesn't understand his punishment.

The court did not rule on the larger issue of whether the mentally ill should be executed. Instead, the decision rested on whether he received a full hearing on the matter in the lower courts.

Panetti killed his estranged wife's parents in 1992.

His attorneys say he does not comprehend that his execution would be his punishment for the crimes he committed.

Panetti wore a purple cowboy costume during his 1995 murder trial and tried to subpoena Jesus Christ and the late President Kennedy.

The high court's conservative majority ruled that the lower courts did not give full consideration to claims Panetti was mentally competent to be executed.

"The state court failed to provide procedures to which [Panetti] was entitled under the Constitution," wrote Justice Anthony Kennedy for the majority.

The Supreme Court in 2003 outlawed capital punishment for the mentally retarded but never established a clear standard over defendants claiming some form of mental illness. States were left to establish such guidelines within the broader context of the high court's ruling.

The justices have split 5-4 on the seven other capital cases this term in which definitive rulings were issued.

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