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"A Meaningless Ritual": How the Lack of a Postconviction Competency Standard Deprives the Mentally Ill of Effective Habeas Review in Texas*

By: Miller, Hannah Robertson | Texas Law Review, November 2008 | Article details

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"A Meaningless Ritual": How the Lack of a Postconviction Competency Standard Deprives the Mentally Ill of Effective Habeas Review in Texas*


Miller, Hannah Robertson, Texas Law Review


"It is deplorable and outrageous that . . . prisons appear to have become a repository for a great number of . . . mentally ill citizens. Persons who, with psychiatric care, could fit well into society, are instead locked away, to become wards of the state's penal system. Then, in a tragically ironic twist, they may be confined in conditions that nurture, rather than abate, their psychoses."

- Judge William Wayne Justice1

Kelsey Patterson was sentenced to death by the State of Texas in 1993 for the murders of Louis Oates, a sixty-three-year-old owner of an oil company in Palestine, Texas, and Oates's business secretary, Dorothy Harris.2 After the murders, he was found …

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