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FERGUSON v. SECRETARY, FLA. DEPT. OF CORRECTIONS

No. 12-15422.

716 F.3d 1315 (2013)

John FERGUSON, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 21, 2013.

Attorney(s) appearing for the Case

Christopher Todd Handman , Lindsay Dobrzynski Breedlove , E. Desmond Hogan , Hogan Lovells US, LLP, Erica M. Knievel , Washington, DC, Daniel Cervantes , Hogan Lovells US, LLP, Miami, FL, Benjamin James Oliver Lewis , Hogan Lovells US, LLP, New York City, for Petitioner-Appellant.

Stephen D. Ake , Scott A. Browne , Atty. Gen.'s Office, Tampa, FL, for Respondent-Appellee.

Angela C. Vigil , Baker & McKenzie, LLP, Miami, FL, for National Alliance on Mental Illness, National Alliance on Mental Illness — Florida Chapter, Florida Psychological Ass'n, Florida Psychiatric Society.

Before CARNES, WILSON and PRYOR, Circuit Judges.

CARNES, Circuit Judge:

The Supreme Court has decided that a convicted murderer cannot be executed unless he has a rational understanding of the fact that he is going to be put to death and of the reason for his execution. Panetti v. Quarterman, 551 U.S. 930, 954-60, 127 S.Ct. 2842, 2859-62, 168 L.Ed.2d 662 (2007). In announcing that rule, however, the Court did not decide what rational...

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