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Mississippi man back on death row, mental evaluation ordered

The Mississippi Supreme Court on Thursday reinstated the death sentence of an inmate convicted of killing a prison guard.

Posted: Dec 14, 2017 10:56 PM

JACKSON, Miss. (AP) — The Mississippi Supreme Court on Thursday reinstated the death sentence of an inmate convicted of killing a prison guard.

Justices also ordered a state circuit court judge to hold another hearing on the mental capacity of Willie C. Russell , who came within hours of being executed more than two decades ago.

Russell, now 57, was convicted in the 1989 killing of Argentra Cotton, a guard at the Mississippi State Penitentiary at Parchman, where Russell was imprisoned for armed robbery, escape and kidnapping convictions in Hinds County.

A federal appeals court blocked the execution in January 1997 after Russell claimed he didn't have a lawyer to appeal his death sentence. Russell later claimed he was intellectually disabled and could not be executed.

Sunflower County Circuit Judge Betty W. Sanders agreed and overturned the death sentence, and Russell remained in prison. On Thursday, justices said Sanders should have heard more testimony.

A majority of justices wrote that Russell underwent psychological testing in 2006 in an aggravated assault case, but he never underwent an assessment of intellectual disability.

In 2014, Sanders denied the state's request for Russell to be evaluated for intellectual disability, saying the previous testing was sufficient. Five of the nine justices said Thursday that the judge conducted a "one-sided" hearing about Russell's mental capacity before she overturned his death sentence.

However, four justices wrote a dissent, saying Russell had undergone enough psychological testing in 2006, and results of those tests could be used to determine whether he has an intellectual disability.

The U.S. Supreme Court ruled in 2002 that it is unconstitutional to execute a person who has intellectual disabilities.

Sanders is retired from the bench. A majority of justices said Thursday that an expert chosen by the state must be allowed to evaluate Russell before a circuit judge holds new hearing about his mental capacity.

Mississippi Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 37542

Reported Deaths: 1272
CountyConfirmedDeaths
Hinds304154
DeSoto200920
Madison150839
Jones123149
Harrison118316
Rankin113719
Neshoba104577
Forrest104343
Lauderdale97281
Scott83115
Jackson80419
Washington75313
Copiah67516
Leake63520
Lee63022
Grenada6259
Oktibbeha62328
Warren60021
Holmes59841
Lamar5847
Wayne56819
Yazoo5667
Lowndes54917
Leflore53956
Lincoln53835
Pike51120
Lafayette5094
Sunflower5058
Panola4616
Monroe46036
Simpson4533
Covington4505
Bolivar41618
Tate39513
Attala38624
Newton37710
Adams36720
Pontotoc3636
Marion34912
Claiborne31511
Pearl River30832
Chickasaw30219
Winston30211
Marshall2973
Jasper2826
Noxubee2799
Walthall2748
Clay26211
Smith25612
Union25612
Coahoma2356
Clarke22825
Lawrence2162
Yalobusha2089
Tallahatchie1974
Montgomery1863
Kemper18414
Carroll18311
Humphreys17410
Calhoun1705
Hancock15213
Itawamba1478
Tippah14711
Jefferson1373
Webster13511
Prentiss1274
Tunica1263
George1253
Jefferson Davis1254
Greene11610
Alcorn1112
Amite1113
Tishomingo1091
Quitman1011
Wilkinson1019
Perry914
Stone772
Choctaw764
Franklin572
Sharkey480
Benton470
Issaquena111
Unassigned00

Alabama Coronavirus Cases

Confirmed Cases: 56441

Reported Deaths: 1136
CountyConfirmedDeaths
Jefferson7012170
Mobile5061140
Montgomery4599112
Tuscaloosa274353
Madison25359
Marshall205012
Shelby176425
Lee164737
Morgan13975
Baldwin134111
Walker111332
Elmore107622
Etowah106914
Dallas10189
DeKalb10017
Franklin95016
Unassigned77728
Autauga71515
Russell7130
Chambers68530
Cullman6686
Limestone6653
Butler65529
Houston6417
Tallapoosa63069
Lauderdale6006
St. Clair5983
Calhoun5545
Colbert5286
Escambia5128
Lowndes49222
Pike4805
Jackson4422
Coffee4364
Covington43512
Talladega4177
Dale4061
Barbour4022
Bullock37810
Hale36323
Marengo36111
Chilton3452
Blount3311
Clarke3236
Wilcox3158
Marion30914
Winston3095
Sumter29713
Pickens2786
Randolph2759
Monroe2683
Perry2552
Conecuh2388
Bibb2271
Macon2229
Choctaw22012
Greene2009
Henry1573
Washington1529
Lawrence1460
Crenshaw1343
Cherokee1317
Geneva1010
Fayette901
Clay892
Lamar891
Coosa671
Cleburne481
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