The attorney for a Florida death row inmate scheduled to be executed later this month has filed a motion with the state Supreme Court seeking a stay of execution, arguing that the inmate’s constitutional rights have been violated.
Edward James, 63, is scheduled to be executed on March 20th for the 1993 murders of Seminole County resident Betty Dick and her 8-year-old granddaughter, Toni Neuner. James’ attorney, Dawn Macready, filed the motion for a stay of execution and a petition for writ of habeas corpus on Sunday evening.
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Macready argues that James has suffered “cognitive decline” while in prison and that executing him in his current mental state would violate the constitutional ban on cruel and unusual punishment. She also contends that James’ constitutional rights were violated when he was allowed to discharge his attorney after his conviction, preventing him from pursuing certain legal claims later.
“Alleged constitutional violations went uncorrected because of a now-defunct Florida rule that allowed Mr. James — now known to have been suffering from an insidious dementing process at the time of his postconviction waiver (of legal representation) — to languish without counsel for over a decade,” the petition states.
This appeal comes after Seminole County Circuit Judge Melanie Chase last week denied a request to halt the execution. Governor Ron DeSantis signed James’ death warrant on February 18th. If the execution proceeds, James would be the second inmate executed in Florida this year.
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James rented a room from Dick and committed the murders after a night of drinking and drug use. Court documents describe how James strangled and sexually assaulted the young girl before stabbing Dick to death.
The Florida Supreme Court will now consider James’ appeal and determine whether to grant a stay of execution. This case raises complex legal questions regarding cognitive decline on death row and the right to adequate legal representation.
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