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)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.