Tennard v. Dretke
Encyclopedia
Tennard v. Dretke, 542 U.S. 274
(2004), was a United States Supreme Court
case in which the court was asked whether evidence
of the defendant
's low IQ in a death penalty trial
had been adequately presented to the jury
for full consideration in the penalty phase of his trial. The Supreme Court held that not considering a defendant's mental retardation would breach his Eighth Amendment
rights and constitute a cruel and unusual punishment
.
jury
. Tennard and two accomplice
s robbed
and killed two neighbors. The evidence presented at trial indicated that Tennard killed one of the victims by stabbing while his accomplice used a hatchet
to kill the other victim. In the evidence phase of the trial, the defense presented evidence that Tennard's IQ was 67, a fact which the prosecution did not dispute. The prosecutors argued that Tennard's IQ was irrelevant to the case.
The jury was instructed
to evaluate two issues: did the defendant deliberately
commit the crime, and was the defendant likely to be dangerous
in the future? The jury answered yes to both questions and sentenced
Tennard to the death penalty.
The defense then argued that the jury instructions
in the penalty phase were inadequate, and Tennard's death penalty was in violation of the cruel and unusual punishment
clause of the Eighth Amendment
.
denied Tennard a certificate to appeal on the basis that a low IQ is not a sufficient reason for appeal there was no evidence presented that Tennard's behavior was mentally retarded and that mental retardation was related to the criminal act. The Fifth Circuit Court of Appeals upheld this finding. The Supreme Court granted Tennard's writ of certiorari
.
and remanded it back to the Fifth Circuit for reconsideration in light of the court's contemporaneous decision in Atkins v. Virginia
. The Fifth Circuit considered and rejected the Atkins claim. Tennard appealed again.
The main issue the U.S Supreme Court considered was whether the Fifth Circuit improperly denied Mr. Tennard's certificate of appeal since he had presented substantial evidence of a violation of his constitutional rights, or had "demonstrated that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong?" (quotation in original).
s must be considered in the penalty phase of a death penalty case. It is not sufficient to allow the defendant to present mitigating factors during the trial if those factors are not considered in the sentencing. If the jury is not instructed to consider all relevant mitigating factors, the defendant's Eighth Amendment
rights are violated as failure to do so constitutes cruel and unusual punishment
. The court concluded that Tennard's IQ was a relevant mitigating factor, and that the sentencing jury should have been made to consider it for the purposes of mitigation.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2004), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case in which the court was asked whether evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
of the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
's low IQ in a death penalty trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
had been adequately presented to the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
for full consideration in the penalty phase of his trial. The Supreme Court held that not considering a defendant's mental retardation would breach his Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
rights and constitute a cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
.
Facts of the case
Robert Tennard was convicted of capital murder by a TexasTexas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
. Tennard and two accomplice
Accomplice
At law, an accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the teller and asks for the money is guilty of armed robbery...
s robbed
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
and killed two neighbors. The evidence presented at trial indicated that Tennard killed one of the victims by stabbing while his accomplice used a hatchet
Hatchet
A hatchet is a single-handed striking tool with a sharp blade used to cut and split wood...
to kill the other victim. In the evidence phase of the trial, the defense presented evidence that Tennard's IQ was 67, a fact which the prosecution did not dispute. The prosecutors argued that Tennard's IQ was irrelevant to the case.
The jury was instructed
Jury instructions
Jury instructions are the set of legal rules that jurors should follow when the jury is deciding a civil or criminal case. Jury instructions are given to the jury by the jury instructor, who usually reads them aloud to the jury...
to evaluate two issues: did the defendant deliberately
Malice aforethought
Malice aforethought is the "premeditation" or "predetermination" that was required as an element of some crimes in some jurisdictions, and a unique element for first-degree or aggravated murder in a few.-Legal history:...
commit the crime, and was the defendant likely to be dangerous
Risk
Risk is the potential that a chosen action or activity will lead to a loss . The notion implies that a choice having an influence on the outcome exists . Potential losses themselves may also be called "risks"...
in the future? The jury answered yes to both questions and sentenced
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
Tennard to the death penalty.
The defense then argued that the jury instructions
Jury instructions
Jury instructions are the set of legal rules that jurors should follow when the jury is deciding a civil or criminal case. Jury instructions are given to the jury by the jury instructor, who usually reads them aloud to the jury...
in the penalty phase were inadequate, and Tennard's death penalty was in violation of the cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
clause of the Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
.
Questions at issue
The District Court for the Southern District of TexasUnited States District Court for the Southern District of Texas
The United States District Court for the Southern District of Texas is the Federal district court with jurisdiction over the southern part of Texas...
denied Tennard a certificate to appeal on the basis that a low IQ is not a sufficient reason for appeal there was no evidence presented that Tennard's behavior was mentally retarded and that mental retardation was related to the criminal act. The Fifth Circuit Court of Appeals upheld this finding. The Supreme Court granted Tennard's writ of certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
.
Issue
The U.S. Supreme Court then vacated the decisionVacated judgment
A vacated judgment makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court which overturns, reverses, or sets aside the judgment of a lower court....
and remanded it back to the Fifth Circuit for reconsideration in light of the court's contemporaneous decision in Atkins v. Virginia
Atkins v. Virginia
Atkins v. Virginia, , is a case in which the Supreme Court of the United States ruled 6-3 that executing the mentally retarded violates the Eighth Amendment's ban on cruel and unusual punishments.-The case:...
. The Fifth Circuit considered and rejected the Atkins claim. Tennard appealed again.
The main issue the U.S Supreme Court considered was whether the Fifth Circuit improperly denied Mr. Tennard's certificate of appeal since he had presented substantial evidence of a violation of his constitutional rights, or had "demonstrated that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong?" (quotation in original).
Outcome
The Supreme Court held that all relevant mitigating factorMitigating factor
A mitigating factor, in law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.-Death penalty in the United States:...
s must be considered in the penalty phase of a death penalty case. It is not sufficient to allow the defendant to present mitigating factors during the trial if those factors are not considered in the sentencing. If the jury is not instructed to consider all relevant mitigating factors, the defendant's Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
rights are violated as failure to do so constitutes cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
. The court concluded that Tennard's IQ was a relevant mitigating factor, and that the sentencing jury should have been made to consider it for the purposes of mitigation.