ACLU Successfully Challenges Conviction and Death Sentence of a Severely Mentally-Ill Man
The ACLU CPP represented Richard Taylor, a schizophrenic, psychotic and delusional death row inmate, in his direct appeal to the Tennessee Criminal Court of Appeals. Despite four prior judicial findings of incompetency, Taylor was permitted in 2003 to represent himself at his capital trial without even standby counsel. Taylor, forcibly medicated and sedated, wore sunglasses and prison garb throughout his two-day trial.
He did not participate in the jury selection process, put on no defense at either phase of the trial, made no verbal objections to any of the state's evidence and waived closing argument. The trial judge nonetheless concluded that Taylor "seemed to the Court to be very in control of his trial strategy." Together with Tennessee co-counsel Kelly Gleason, the ACLU CPP filed a brief in Taylor's cases alleging 23 grounds for reversal, including that the trial court erred by holding a pre-trial competency hearing without counsel, and by failing to hold a competency hearing at trial, despite clear evidence that Taylor's mental state had visibly worsened at trial.
On March 7, 2008, the Tennessee Court of Criminal Appeals reversed Taylor's conviction and death sentence on five separate grounds. The appellate court concluded that a number of significant errors were made during Taylor’s 2003 trial, including the denial of his constitutional right to counsel at a pre-trial competency hearing, the failure of the trial court to hold a competency hearing during the trial, and the failure of the trial court to appoint advisory counsel. The ruling also states that the trial court gave erroneous instructions to the jury during the sentencing phase of the trial.
SECTIONS OF THE BRIEF 
> Statement
of facts (PDF)
> Why
holding a competency hearing without counsel violated Tennessee and
Federal Constitutions (PDF)
> Why
the state's forcible administration of antipsychotic medication to Richard
Taylor at trial violated his constitutional rights (PDF)
> How
the trial court committed reversible error in permitting Richard Taylor to
waive the presentation of mitigation evidence (PDF)
LEARN MORE
> Read the ACLU’s petition for writ of certiori to the United States Supreme Court, arguing that capital defendants have a constitutional right to be competent to pursue a direct appeal as of right
In 1981, shortly after his arrest, Richard Taylor was tortured and abused by Tennessee Department of Correction Prison guards. At Taylor's trial in 2003, the state prosecutor told the court that the state "absolutely" did not agree that Taylor had been tortured and that "we don't know whether any of [the Hunt declaration] is true or not." In June, 2006, the ACLU of Tennessee obtained documents through a public records act request that showed that in fact the State's own internal investigation confirmed the violent and shocking torture of Taylor by guards.
> Read the ACLU of Tennessee's public records act request for documents relating to the treatment of Richard Taylor while in custody of the Tennessee Department of Corrections
> Read the declaration of Tennessee Department of Corrections prison guard Dale Hunt
> Read the Tennessee Department of Corrections' response to the ACLU of Tennessee request and responding documents showing the torture of Richard Taylor
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