TERRE HAUTE, Ind. (AP) — A judge on Wednesday halted the execution of a man said to be suffering from dementia, who had been set to die by lethal injection in the federal government’s second execution after a 17-year hiatus.
A similar case was heard last year. A man in Alabama was convicted of killing a police officer, and since then (it was a long legal history of getting the conviction) has suffered several strokes, can’t recite the alphabet, string together a sentence, is incontinent, etc…but more importantly has no memory of his crime.
SCOTUS sent it back to the AL Court, but not based on what you are asking. Indeed, Kagan wrote the opinion, and indicated that having no memory of the crime is no test at all. That dementia isn’t necessarily grounds for an execution to be cruel or unusual.