Supreme Court Considers Re-Examining Convicted Murderer’s Case

By Sarah Harper

Published on December 21, 2008

On December 9, Supreme Court justices deliberated whether Tennessee prosecutors had committed misconduct in giving a convicted murderer the death sentence in the 1980 murder of a Memphis couple. The debate highlights the issue of whether and when a federal court may reconsider a state court's ruling on a capital case.

In 1980, Gary B. Cone killed a Memphis couple, Shipley Todd and Cleopatra Todd, ages 93 and 79 respectively. A decorated Vietnam War veteran, Cone claimed to be affected by an amphetamine psychosis caused by military service-related PTSD. In his trial, Cone confessed to the murders and received a conviction and death sentence. He claimed the amphetamine psychosis as his defense. Although the prosecutors discredited this defense, it emerged years later that the prosecution had withheld evidence (including verification of Cone's heavy drug use) that could have affected his sentence.

In the December 9th Supreme Court debate, Cone's lawyers sought to have his conviction and sentencing re-examined in light of the uncovered evidence. The prosecution argued against a re-examination, claiming that the evidence of Cone's psychosis has been presented in a confusing manner, too late, or not at all, and that the Tennessee prosecutors had no legal or ethical obligation to reveal the withheld evidence. The Supreme Court has not yet concluded deliberations.

 

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