ºìÐÓÊÓƵ

This case presents the question of whether the execution of a capital defendant with serious mental illness violates Article I, section 6 of the Nevada Constitution, which prohibits cruel or unusual punishment. The ºìÐÓÊÓƵ’s Capital Punishment Project and State Supreme Court Initiative, along with the ºìÐÓÊÓƵ of Nevada, filed an amicus brief arguing that a plain reading of Article I, section 6 of the Nevada Constitution provides broader protections than the Eighth Amendment and should be interpreted to establish a categorical exemption from execution for this population.

Anthony Wainwright, who was facing imminent execution in Florida, attempted to file a petition in the Florida Supreme Court with the assistance of his pro bono counsel of choice. The court dismissed the petition only because his court-appointed refused to file it, despite the fact that Mr. Wainwright was entitled to do so under Florida law. He asked the United States Supreme Court to review his case to decide whether the Florida court’s action deprived him his constitutional right of access to the courts and his Sixth Amendment right to counsel. The United States Supreme Court refused to review the case, and the State of Florida executed him on June 10, 2025.

Mikal Mahdi’s life was marked by abuse. Today, as he awaits execution, the courts have the responsibility to acknowledge the systemic failures that shaped his path.