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Thursday, August 23, 2007

Update: The case of Marco Chapman: "Suicide by Court" or Constitutional right to die?


In an earlier blog post entitled "The case of Marco Chapman: "Suicide by Court" or Constitutional right to die?", I commented on a novel Kentucky Supreme Court, case will decide whether a defendant has a right to refuse appeals on his behalf and ask to be executed.

The case pitted a convicted murderer, Marco Chapman, who wanted to exercise his "constitutional right to die", and his Attorneys, who wanted to spare his life, arguing that Kentucky courts would be committing "suicide by court" if his wish was granted.

Well, the state Supreme Court, in an opinion CORRECTLY written by Justice John Minton, found for Marco Chapman holding that "a competent criminal defendant is entitled to seek to plead guilty to a capital offense and, furthermore, to seek to receive the death penalty", without the courts being accused of "assisting suicide by court".

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