A Death Row inmate scheduled for execution next month is appealing to the Florida Supreme Court in a last-ditch effort to halt his death sentence. Attorneys for James Ford filed a notice of appeal on Friday, challenging a lower court’s rejection of their argument to block the execution based on Ford’s mental capacity at the time of the murders.
Ford was sentenced to death for the brutal 1997 murders of Greg and Kimberly Malnory in Charlotte County. He was 36 years old at the time of the crimes.
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Ford’s attorneys argue that he should be exempt from execution because his mental and developmental age was equivalent to that of a 14-year-old when the murders occurred.
This argument stems from a 2005 U.S. Supreme Court decision that prohibits the execution of individuals under the age of 18, citing the constitutional ban on cruel and unusual punishment. Ford’s legal team contends that this protection should extend to him due to his diminished mental capacity.
However, Charlotte County Circuit Judge Lisa Porter rejected this argument, deeming it “untimely, procedurally barred and without merit.” The state Attorney General’s Office also opposed Ford’s claim.
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Undeterred, Ford’s attorneys are now taking their case to the Florida Supreme Court. The notice of appeal does not provide specific details about the arguments they will present, but it is expected they will focus on the issue of Ford’s mental capacity and its relevance to the Eighth Amendment’s prohibition of cruel and unusual punishment.
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