Overview

• The Sept. 5 firing-squad execution was stayed after the high court found substantial questions about his present understanding of his punishment.
• The ruling reverses Third District Judge Matthew Bates’ reliance on year-old exams and sends the case back for an updated, independent assessment.
• Attorneys say the 67-year-old uses a wheelchair, depends on oxygen, and can no longer explain why the state seeks to execute him.
• Prosecutors’ and defense experts have offered conflicting opinions on his mental capacity, under a constitutional standard that bars executing those who cannot comprehend the reason for their execution.
• The court noted the Hunsaker family’s prolonged anguish, while the pause delays what would have been a rare U.S. firing-squad execution.