Madison v. Comm'r, Ala. Dep't of Corr.

• Decision Date: 15 March 2017
• Docket Number: No. 16-12279,16-12279
• Citation: 851 F.3d 1173
• Parties: Vernon MADISON, Petitioner–Appellant, v. COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, Respondent–Appellee.
• Court: U.S. Court of Appeals — Eleventh Circuit

851 F.3d 1173

Vernon MADISON, Petitioner–Appellant,

v.COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, Respondent–Appellee.

No. 16-12279

United States Court of Appeals, Eleventh Circuit.

March 15, 2017

Angela Leigh Setzer, Randall S. Susskind, Jennae Rose Swiergula, Equal Justice Initiative of Alabama, MONTGOMERY, AL, for Petitioner-Appellant.

James Roy Houts, Alabama Attorney General's Office, MONTGOMERY, AL, for Respondent-Appellee.

Before WILSON, MARTIN, and JORDAN, Circuit Judges.

MARTIN, Circuit Judge:

Thirty years ago, the Supreme Court held that the Eighth Amendment prohibits the execution of a person who is incompetent.¹ Ford v. Wainwright , 477 U.S. 399, 409–10, 106 S.Ct. 2595, 2602, 91 L.Ed.2d 335 (1986). The Court has since clarified that a person cannot be executed if he lacks a "rational understanding" of the reason for his execution. Panetti v. Quarterman , 551 U.S. 930, 954–60, 127 S.Ct. 2842, 2859–62, 168 L.Ed.2d 662 (2007). This standard requires the prisoner to be able to rationally understand the connection between the crime he committed and the punishment he is to receive. See Ferguson v. Sec'y, Florida Dep't of Corr. , 716 F.3d 1315, 1336 (11th Cir. 2013). The Supreme Court told us that if the prisoner does not understand this connection, "the punishment can serve no proper purpose" and cannot be carried out. Panetti , 551 U.S. at 960, 127 S.Ct. at 2862.

This habeas petitioner, Vernon Madison, is a 66-year-old man on death row for the murder of a police officer over three decades ago. In recent years, Mr. Madison has suffered strokes resulting in significant cognitive and physical decline. His lawyers argue here that he is mentally incompetent to be executed under Ford and Panetti . Finding that Mr. Madison had made a substantial threshold showing of incompetency, an Alabama trial court held a competency hearing. At the hearing, Mr. Madison presented unrebutted testimony from Dr. John Goff that his strokes caused major vascular disorder (also known as vascular dementia ) and related memory impairments and that, as a result, he has no memory of committing the murder—the very act that is the reason for his execution. To the contrary, Mr. Madison does not believe he ever killed anyone. Dr. Goff testified that due to his memory impairments, Mr. Madison does not have a rational understanding of why the state is seeking to execute him. The State presented expert testimony from Dr. Karl Kirkland. Dr. Kirkland testified that Mr. Madison was able to accurately discuss his legal appeals and legal theories with his attorneys and—on pretty much this basis alone—concluded that Mr. Madison has "a rational understanding of [his] sentence." Accepting the testimony of Dr. Kirkland, the Alabama trial court decided that Mr. Madison is competent to be executed. Mr. Madison argues that the trial court's decision relied on an unreasonable determination of the facts and involved an unreasonable application of the law. We agree.

In so holding, we are mindful of the great deference due to state court decisions on federal habeas review, particularly when the state court is applying a general standard like the one in Panetti . See Harrington v. Richter , 562 U.S. 86, 101, 131 S.Ct. 770, 786, 178 L.Ed.2d 624 (2011) ("The more general the rule, the more leeway courts have in reaching outcomes in case-by-case determinations." (quotation omitted)). But "even a general standard may be applied in an unreasonable manner." Panetti , 551 U.S. at 953, 127 S.Ct. at 2858. Panetti may set out a general standard for competency, but the focus of the inquiry is clear. Panetti doesn't ask whether the prisoner can talk about the history of his case or legal theories with his attorneys. Instead, Panetti requires courts to look at whether the prisoner is able to rationally understand the connection between the crime he committed and the punishment he is to receive. See Panetti , 551 U.S. at 960, 127 S.Ct. at 2862. One of the experts testified that due to a mental disorder, Mr. Madison was not able to make this connection. The other expert never addressed this question at all. This record is therefore wholly insufficient to support the trial court's decision. We conclude that the state court's decision that Mr. Madison is competent to be executed rested on an unreasonable determination of the facts and involved an unreasonable application of Panetti . We therefore reverse the District Court's denial of habeas relief.

I. BACKGROUND AND PROCEDURAL HISTORY

Mr. Madison has been tried three times for killing a police officer in 1985. Madison v. State , 718 So.2d 90, 94 (Ala. Crim. App. 1997). His first two convictions were reversed. At his third trial, the jury found Mr. Madison guilty of capital murder and recommended a life sentence by an 8-4 vote. See id. The trial judge overrode the jury's recommendation and sentenced Mr. Madison to death. Id. His conviction and sentence were affirmed by the Alabama Court of Criminal Appeals, id. at 104, and the Alabama Supreme Court. Ex parte Madison , 718 So.2d 104, 108 (Ala. 1998).

In February 2016, following the denial of state and federal habeas relief, Mr. Madison filed a petition for suspension of his death sentence in the Circuit Court of Mobile County, Alabama, arguing that he was incompetent to be executed under Ford and Alabama law. See Ala. Code § 15-16-23 (providing that the trial court shall suspend the execution of a death sentence if "it is made to appear to the satisfaction of the trial court that the [prisoner] is then insane"). The Alabama trial court found that Mr. Madison had made a preliminary showing of incompetency, ordered that Mr. Madison be evaluated by a court-appointed expert, and scheduled a competency hearing. At the competency hearing, the court heard testimony from the court-appointed expert as well as Mr. Madison's expert. The court issued an order on April 29, 2016, finding that Mr. Madison was competent to be executed. Under state law, this ruling is not subject to review by any other Alabama court. See Ala. Code § 15-16-23.

Mr. Madison then filed a motion for a stay of execution and a petition for federal habeas relief in the U.S. District Court. The District Court found that Mr. Madison had exhausted his Ford claim, but it denied relief on the merits.² Mr. Madison appealed, and we granted Mr. Madison's motion for a certificate of appealability, stayed his execution, and ordered expedited briefing on the merits of his Ford claim.

II. FACTS

A. MR. MADISON'S CURRENT MEDICAL CONDITION

Mr. Madison, who is 66 years old, has a history of physical and mental impairments. He is legally blind, cannot walk independently, is incontinent, and has slurred speech. He has also suffered at least two recent strokes—one in May 2015 and another in January 2016.³ The May 2015 stroke was severe, and affected Mr. Madison's vision while also causing a substantial deficit in motor coordination. After this stroke, he showed signs of memory loss, repeatedly asking that his mother be informed that he had a stroke despite the fact that she had passed away several years earlier. On January 4, 2016, Mr. Madison had another stroke. He was found in his prison cell, unresponsive and incontinent. Medical records document that Mr. Madison was in an altered mental status after the January 2016 stroke. He appeared "very confused" and disoriented, and he exhibited signs of memory loss.

Following these strokes, Mr. Madison's legal team noticed a significant decline in his mental status, including memory loss, difficulty communicating, and profound disorientation and confusion. Mr. Madison reported frequently urinating on himself because "no one will let me out to use the bathroom," although he has a toilet in his cell. And Mr. Madison told his attorney during a visit in February 2016 that he planned to move to Florida after his release from prison. As a result, Mr. Madison's attorneys requested—and the Alabama trial court granted—a hearing to determine whether Mr. Madison is competent to be executed.

B. THE STATE COURT COMPETENCY HEARING

Before the hearing, Mr. Madison was evaluated by Dr. Kirkland, the court-appointed psychologist, and Dr. Goff, a neuropsychologist retained by Mr. Madison's counsel. Both experts reviewed Mr. Madison's medical records and examined him. Both experts testified at the hearing and prepared written reports that were admitted into evidence.

1. The Expert Reports

In his report, Dr. Kirkland acknowledged that Mr. Madison's strokes had caused significant physical and cognitive decline and found no indication of malingering. Despite this decline, Dr. Kirkland found that Mr. Madison was able to accurately describe the history of his case regarding his appeals and was aware that the trial judge had overridden the jury's life sentence. Dr. Kirkland also noted that Mr. Madison could discuss details from his youth, such as where he attended elementary and high school. The report concluded that "Mr. Madison appears to be able to have a rational understanding of the sentence, the results or effects of the sentence, and to still be able to discuss defense and legal theories with his attorneys."

Dr. Goff's report also concluded that Mr. Madison had suffered "significant cognitive decline" due to his strokes and that there was no clinical indication of malingering.

He administered the fourth edition of the Weschsler Adult Intelligence Scale (WAIS-IV) and calculated a General Ability Index of 72, which falls within the borderline range of intelligence.⁴ According to Dr. Goff's report, this score marked a very significant decline from Mr. Madison's previous levels of function. The report explained that Mr. Madison's Working Memory Index of 58 reflected "a very substantial deficit" in regard to working memory and that Mr. Madison had "a significant cognitive deficit."⁵

Dr. Goff diagnosed Mr. Madison with major vascular neurological disorder (vascular dementia ) and reported that Madison suffered from retrograde...