Skip to main content

Federal Appeals Court Finds South Carolina Judge Ignored Uncontested Evidence of Mental Illness, Reverses Death Sentence

The United States Court of Appeals for the Fourth Circuit has overturned a South Carolina death-row prisoner’s death sentence after finding that the sentencing judge in his case had ignored uncontested evidence of the defendant’s mental illness and history of severe childhood abuse and neglect.

In a 2-1 ruling on July 26, 2022, a panel of the Fourth Circuit vacated the death sentence imposed on Quincy Allen by Richland County Circuit Court Judge G. Thomas Cooper in March 2005 for the murders of Dale Hall and Jedediah Harr. Fourth Circuit Chief Judge Roger Gregory, joined by Judge Pamela Harris, wrote: “The sentencer in this case excluded, ignored, or overlooked Allen’s clear and undisputed mitigating evidence, thereby erecting a barrier to giving this evidence meaningful consideration and effect and eviscerating the well-established requirements of due process in deciding who shall live and who shall die.” In so doing, they wrote, Judge Cooper “violate[d] the Eighth Amendment’s guarantee against the arbitrary imposition of the death penalty.”

Judge Allison Jones Rushing, whose nomination to the Court by Donald Trump was confirmed by the Senate in 2019, dissented

Allen pleaded guilty to capital murder charges in 2005 and waived his right to a jury sentencing. At the time of the murders, the 22-year-old Allen had been committed to mental health facilities 7 times as a result of mental illness and multiple suicide attempts. Prior to his South Carolina trial, Allen was convicted in North Carolina for 2 other murders. Saying “the evidence is convincing that [] Allen is mentally ill,” the North Carolina trial court sentenced Allen to life on those charges.

After a 10-day sentencing trial that featured mental health testimony from both the defense and the prosecution, Judge Cooper sentenced Allen to death for the South Carolina murders. In his post-sentencing affidavit, Cooper found that Allen had not conclusively proven the existence of any mitigating circumstance and that “Allen was NOT conclusively diagnosed to be mentally ill.” He further indicated that he had been looking at the defense mental health testimony “to convince me that Mr. Allen was so mentally ill throughout the time of his crimes and was so mentally ill at the time of trial, that imposition of the death penalty would violate the Eighth Amendment’s ban on cruel and unusual punishment.”

U.S. Supreme Court caselaw has repeatedly emphasized that capital sentencers may not refuse to consider and give weight to relevant mitigating evidence nor require that the evidence have a direct relationship to the crime itself. Allen argued that Judge Cooper had failed to meaningfully consider and weigh the evidence relating to his chronically traumatic and abusive upbringing and his history of mental illness. The South Carolina state courts denied his claim, asserting that Cooper had in fact considered the evidence but found it unpersuasive.

The circuit panel ruled that Judge Cooper had not “properly consider[]” all the mitigating evidence in Allen’s case, and that the South Carolina court decision was contrary to clearly established U.S. Supreme Court caselaw and/or was based upon an unreasonable determination of the facts. The court first addressed Judge Cooper’s assertions that “Conclusive proof of mitigating circumstances was not found” and that “Allen was NOT conclusively diagnosed to be mentally ill.” Those findings, the majority said, were based upon Cooper’s assessment that numerous psychiatrists and psychologists had testified to conflicting diagnoses — a finding belied by the fact that at least some of the evidence of mental illness was uncontested.

The majority wrote: “The sentencing judge gathered Allen’s evidence of childhood abuse, rumination disorder, and anti-social personality disorder; placed it on the analytical scale; and proceeded to give all of this evidence zero weight, and did so because the experts could not agree as to Allen’s mental health diagnoses. which is directly contradicted by the fact that the government’s experts did not contest Allen’s rumination disorder diagnosis. The court held that the sentencing judge could not have concluded that Allen was not mentally ill. But we know that this factual conclusion is erroneous because, as discussed at length above, no one contested Allen’s rumination disorder. So, to the extent that the state court viewed the sentencing judge’s consideration through the ‘no weight’ lens and determined that such consideration of Allen’s mitigating evidence was ‘proper,’ this conclusion is defective because it flowed from [an] unreasonable factual determination …. ”

Additionally, the majority found that the state court decision was contrary to the federal constitutional requirement that the sentencer meaningfully consider mitigating evidence offered to spare a defendant’s life. It wrote: “The only way to reconcile the sentencing judge’s conclusion that no conclusive proof of mitigating circumstances existed with the conclusive proof of [several of] Allen’s [mental health] disorders, as well as childhood abuse, is to conclude that the sentencing judge did not consider these mitigators.”

The circuit court determined that that Cooper’s conduct was prejudicial, saying it created “grave doubt that excluding, ignoring, or overlooking Allen’s serious mental illness and history of childhood abuse had no substantial and injurious effect or influence on the outcome of the sentencing proceeding.” “Equal justice under the law demands that a death-eligible defendant’s individual background, characteristics, and culpability are given meaningful consideration and effect before imposing a sentence of death,” Chief Judge Gregory wrote.

In dissent, Judge Rushing said that the majority’s portrayal of Judge Cooper’s consideration of the mitigation evidence was “not accurate” because during the oral pronouncement of the sentence, Judge Cooper said that he had considered all the evidence before him.

Fielding Pringle, 1 of the lawyers who represented Allen at trial, expressed “relief … that the well-documented severe childhood abuse and neglect and the history of mental illness suffered by Quincy his whole life has finally led to the appropriate ruling.”

Source: Death Penalty Information Center, Staff, July 28, 2022





🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.




Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

'No Warning': The Death Penalty In Japan

Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite criticism over how it is carried out. Tokyo: Capital punishment in Japan is under scrutiny again after the world's longest-serving death row prisoner, Iwao Hakamada, was awarded $1.4 million in compensation this week following his acquittal last year in a retrial. Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite international criticism over how it is carried out.

A second South Carolina death row inmate chooses execution by firing squad

Columbia, S.C. — A South Carolina death row inmate on Friday chose execution by firing squad, just five weeks after the state carried out its first death by bullets. Mikal Mahdi, who pleaded guilty to murder for killing a police officer in 2004, is scheduled to be executed April 11. Mahdi, 41, had the choice of dying by firing squad, lethal injection or the electric chair. He will be the first inmate to be executed in the state since Brad Sigmon chose to be shot to death on March 7. A doctor pronounced Sigmon dead less than three minutes after three bullets tore into his heart.

Louisiana's First Nitrogen Execution Reflects Broader Method Shift

Facing imminent execution by lethal gas earlier this week, Jessie Hoffman Jr. — a Louisiana man convicted of abducting, raping and murdering a 28-year-old woman in 1996 — went to court with a request: Please allow me to be shot instead. In a petition filed with the U.S. Supreme Court on March 16 seeking a stay of his execution by nitrogen hypoxia, a protocol that had yet to be tested in the state, Hoffman requested execution by firing squad as an alternative.

South Carolina | Spiritual adviser of condemned inmate: 'We're more than the worst thing we've done'

(RNS) — When 67-year-old Brad Sigmon was put to death on March 7 in South Carolina for the murder of his then-girlfriend's parents, it was the first time in 15 years that an execution in the United States had been carried out by a firing squad. United Methodist minister Hillary Taylor, Sigmon's spiritual adviser since 2020, said the multifaceted, months long effort to save Sigmon's life, and to provide emotional and spiritual support for his legal team, and the aftermath of his execution has been a "whirlwind" said Taylor, the director of South Carolinians for Alternatives to the Death Penalty.

USA | Federal death penalty possible for Mexican cartel boss behind 1985 DEA agent killing

Rafael Caro Quintero, extradited from Mexico in 2022, appeared in Brooklyn court as feds weigh capital charges for the torture and murder of Agent Enrique Camarena NEW YORK — The death penalty is on the table for notorious drug lord Rafael Caro Quintero, the so-called “narco of narcos” who orchestrated the torture and murder of a DEA agent in 1985, according to federal prosecutors. “It is a possibility. The decision has not yet been made, but it is going through the process,” Assistant U.S. Attorney Saritha Komatireddy said in Brooklyn Federal Court Wednesday.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

Inside Florida's Death Row: A dark cloud over the Sunshine State

Florida's death penalty system has faced numerous criticisms and controversies over the years - from execution methods to the treatment of Death Row inmates The Sunshine State remains steadfast in its enforcement of capital punishment, upholding a complex system that has developed since its reinstatement in 1976. Florida's contemporary death penalty era kicked off in 1972 following the U.S. Supreme Court's decision in Furman v. Georgia , which temporarily put a stop to executions across the country. Swiftly amending its laws, Florida saw the Supreme Court affirm the constitutionality of the death penalty in 1976's Gregg v. Georgia case.

Bangladesh | Botswana Woman Executed for Drug Trafficking

Dhaka, Bangladesh – Lesedi Molapisi, a Botswana national convicted of drug trafficking, was executed in Bangladesh on Friday, 21 March 2025. The 31-year-old was hanged at Dhaka Central Jail after exhausting all legal avenues to appeal her death sentence. Molapisi was arrested in January 2023 upon arrival at Hazrat Shahjalal International Airport in Dhaka, where customs officials discovered 3.1 kilograms of heroin hidden in her luggage. Following a trial under Bangladesh’s Narcotics Control Act, she was sentenced to death in May 2024. Her execution was initially delayed due to political unrest in the country but was carried out last week.

Oklahoma executes Wendell Grissom

Grissom used some of his last words on Earth to apologize to everyone he hurt and said that he prays they can find forgiveness for their own sake. As for his execution, he said it was a mercy. Oklahoma executed Wendell Arden Grissom on Thursday for the murder of 23-year-old Amber Matthews in front of her best friend’s two young daughters in 2005.  Grissom, 56, was executed by lethal injection at the Oklahoma State Penitentiary in McAlester and pronounced dead at 10:13 a.m. local time, becoming the first inmate to be put to death by the state in 2025 and the ninth in the United States this year. 

564 People On Death Row In India, Highest Since The Turn Of The Century

In 90% of of all death penalty sentences in 2024, trial courts imposed sentences in the absence of adequate information about the accused, finds a recent report Bengaluru: Following the uproar and the widespread protests after the August 2024 rape and murder of a medical professional in Kolkata’s RG Kar hospital, there were demands for death penalty for the accused. The state government passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill 2024 (awaiting presidential assent) which included mandatory death sentence for rape which results in death of the victim or if the victim is left in a vegetative state, despite such a mandatory sentence being unconstitutional.