incompetency Stay of execution Texas Court of Criminal Appeals

Texas Court of Criminal Appeals stays execution of Kwame Rockwell

Today, the Texas Court of Criminal Appeals stayed the execution of Kwame Rockwell, finding that a Texas trial court was in error in ruling that Mr. Rockwell failed to meet the threshold showing required for funds for a mental health expert.  Rockwell was scheduled to be put to death next Wednesday, October 24, 2018.

Following is a statement from David Dow and Jeff Newberry, Mr. Rockwell’s attorneys:

“Mr. Rockwell is not competent for execution, which is why the state itself usually houses him in a psychiatric facility and prescribes him anti-psychotic medication. Mr. Rockwell has been diagnosed by both state and defense doctors as schizophrenic. His case of mental illness is severe and chronic. Today’s ruling supports another ruling, from a federal court, both affirming Mr. Rockwell has demonstrated his case merits funds for mental health experts.”

– David Dow and Jeff Newberry, attorneys for Kwame Rockwell 

– October 19, 2018

Today’s decision from Texas Court of Criminal Appeals can be accessed here:

Mr. Rockwell’s Appeal to the CCA from the Tarrant County 4th Criminal District Court’s Order Denying Relief in Article 46.05 Proceedings can be accessed here:

Background information on Rockwell is available here.

This is the third stay of execution granted by the Texas Court of Criminal Appeals in 2018; the two other stays were based on claims of intellectual disabilities.