Here is language from the Indiana Supreme Court's order staying
Norman Timberlake's execution.
The potential harm in granting Timberlake a stay of execution and
later finding out that the Supreme Court's decision in Panetti was
inapplicable to Timberlake is minimal compared to the irreparable
harm in denying the stay of execution, allowing Timberlake to be
executed, and possibly learning a few months later that Timberlake's
execution may have violated a new Supreme Court interpretation of
the Eighth Amendment to prohibit execution of a class of mentally
ill persons that included Timberlake. See Bottoson, 824 So.2d at
122.
In short, until Panetti is decided and its effect on
Timberlake's case can be determined, Timberlake's execution should be stayed.
Paula Sites
Assistant Executive Director
Indiana Public Defender Council
309 W. Washington, Ste. 401
Indianapolis, IN 46204
317-232-2490
Fax 317-232-5524
psites@iquest.net
www.in.gov/pdc
Norman Timberlake's execution.
The potential harm in granting Timberlake a stay of execution and
later finding out that the Supreme Court's decision in Panetti was
inapplicable to Timberlake is minimal compared to the irreparable
harm in denying the stay of execution, allowing Timberlake to be
executed, and possibly learning a few months later that Timberlake's
execution may have violated a new Supreme Court interpretation of
the Eighth Amendment to prohibit execution of a class of mentally
ill persons that included Timberlake. See Bottoson, 824 So.2d at
122.
In short, until Panetti is decided and its effect on
Timberlake'
Paula Sites
Assistant Executive Director
Indiana Public Defender Council
309 W. Washington, Ste. 401
Indianapolis, IN 46204
317-232-2490
Fax 317-232-5524
www.in.gov/
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