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Death Penalty:
The death penalty is the ultimate denial of civil liberties. In the past 35 years, 132 inmates were found to be innocent and released from death row. The ACLU Capital Punishment Project is fighting for the end of the death penalty by supporting moratorium and repeal movements through public education and advocacy. We are engaged in systemic reform of the death penalty process, and case-specific litigation highlighting some of its fundamental flaws.


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State of Tennessee v. Taylor

ACLU Challenges the Conviction and Death Sentence of a Severely Mentally-Ill Man

The ACLU CPP represents Richard Taylor, a schizophrenic, psychotic and delusional death row inmate, in his direct appeal to the Tennessee Criminal Court of Appeals. Despite four prior judicial findings of incompetency, Taylor was permitted in 2003 to represent himself at his capital trial without even standby counsel. Taylor, forcibly medicated and sedated, wore sunglasses and prison garb throughout his two-day trial.

He did not participate in the jury selection process, put on no defense at either phase of the trial, made no verbal objections to any of the state's evidence and waived closing argument. The trial judge nonetheless concluded that Taylor "seemed to the Court to be very in control of his trial strategy." Together with Tennessee co-counsel Kelly Gleason, the ACLU CPP filed a brief in Taylor's cases alleging 23 grounds for reversal, including that the trial court erred by holding a pre-trial competency hearing without counsel, and by failing to hold a competency hearing at trial, despite clear evidence that Taylor's mental state had decompensated at trial.

SECTIONS OF THE BRIEF
> Statement of facts (PDF)
> Why holding a competency hearing without counsel violated Tennessee and Federal Constitutions (PDF)
> Why the state's forcible administration of antipsychotic medication to Richard Taylor at trial violated his constitutional rights (PDF)
> How the trial court committed reversible error in permitting Richard Taylor to waive the presentation of mitigation evidence (PDF)

LEARN MORE
> Read the ACLU’s petition for writ of certiori to the United States Supreme Court, arguing that capital defendants have a constitutional right to be competent to pursue a direct appeal as of right

Legal Documents
> Taylor v. State of Tennessee - Petition for Writ of Certiorari (2/15/2007)
> State of Tennessee v. Taylor - Brief of Appellant Richard C. Taylor (8/25/2006)


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