Madison v. Alabama (17-7505)

argument 17-7505

Madison v. Alabama

Supreme Court of the United States 55 min 4 speakers 8 chapters transcribed 6 days ago official recording ↗

▲ 0

Transcript

jump: chapters · speakers · find in transcript

Transcript

Transcript generated automatically by AI and may contain errors.

What is the central legal issue in Madison v. Alabama?

John G. Roberts 0:00

We'll hear argument next today, case seventeen seven five oh five, Madison versus Alabama. Mr

Brian L. Stevenson 0:06

Stevenson. Mr Chief Justice, may it please the Court. It's undisputed that Vernon Madison now sits on Alabama's death row. unable to fully orient to time and place. As a result of several strokes, he suffers from acute vascular dementia. which has left his cognitive abilities uh greatly diminished. He now has intellectual functioning in the borderline range. He has a memory score of fifty eight. And these severe disabilities have rendered him bewildered and confused Uh most of the time.

John G. Roberts 0:42

It is a question for both sides, but I am having trouble with a firm grasp on exactly what issues are presented. Now, just tell me if I've got this right. Uh uh there are two. The first one I would say is does someone who doesn't remember the details of their crime Can he satisfy the Ford and Pennetti simply on that basis? He knows what capital punishment is, he knows what is going to happen, he just doesn't remember what he did. And the second one is whether or not vascular dementia can be a basis for a Ford claim. In other words, he meets the Ford standard, but it is not caused by insanity, it is caused by dementia. Am I right that those are two separate questions?

Brian L. Stevenson 1:22

I I think they're two related questions. And the only uh I think what we would argue is that that first question uh is that yes, memory loss uh with some something else can render someone incompetent. And that something else may not be dementia. That is, someone who has a brain injury and is now impaired in a way where they have no memory of anything, it's not vascular dementia, uh could also be incompetent to be executed. Someone who is actually in a coma.

Unknown 1:54

What would the plus be?

Brian L. Stevenson 1:56

Well, uh the the the examples that come to mind would be the kind of brain damage that is a result of an injury, uh where the brain is injured and incapable of actually producing memories or creating the kind of rational understanding that this court has required. A second example would be something like a coma. Uh we would argue that someone who is in a coma is not competent to be executed because their state of mind would not be reconcilable to what this court has held in Ford and Mr

Elena Kagan 2:24

Stephenson, the part of the problem is the use of the word loss of memory. And I and your briefs you seem to go back and forth on this. Аю концерти that amnesia about the incident alone. Where you can function in every other way in society. Would you be incompetent then? No. To be executed. Yes, that's right. We d we do not contend so your loss of memory isn't even what the cause of the loss of memory is. If this person who has amnesia can no longer function 'cause they can't even remember how to eat Or how to go to the bathroom. or how to think about a problem or etc. you would say the cause is not what's important. It's whether they are cognitive deficiencies Cause what? Now fill in the blank.

How do the parties define the two questions: memory loss vs. dementia as a basis for incompetence?

Brian L. Stevenson 3:24

We have here. Mr. Madison can't tell you the season of the year. He can't tell you the month of the year. He can't tell you the day of the week. He can't recite the alphabet past G. He can't just

Samuel A. Alito 3:35

understand your your answer to the to Justice Sotomayor's question. If a per if a a person simply is without memory of his commission of the capital offense, does that in itself render that person incompetent to be executed?

Brian L. Stevenson 3:53

I I I think i it could, but I think the reason why I qualify it is because there aren't circumstances that I believe are consistent with what we have argued here.

Samuel A. Alito 4:03

No, I think that's a a question that calls for a yes or no answer. If the only thing that is lacking Is memory of the commission of the capital offense, does that in itself render the person incompetent to be executed?

Brian L. Stevenson 4:26

And here what we've argued

Unknown 4:27

is that we're not question presented. You uh ask whether a person a prisoner whose mental disability leaves him without memory of his commission of the capital offence. So do I take you now to be saying that If you are left without memory of the Commission of the Capital Offence, for some reason that doesn't have something to do with mental disability.