Matthews v. White

In 1982, Matthews was convicted of murder and sentenced to death. His conviction and sentence have been affirmed on direct appeal and in post-conviction proceedings, including in federal court. Having exhausted his judicial remedies, Matthews intends to petition the Governor of Kentucky for clemency under section 77 of the Kentucky Constitution, based on mitigating factors related to his neuropsychological health. The district court denied his request for funding under 18 U.S.C. 3599 to pay for a neuropsychological evaluation to support this argument, but apparently relied on an incorrect rule that section 3599 funding is available only for use in federal proceedings and did not otherwise explain its reasons for denying the request. The Sixth CIrcuit vacated and remanded, noting evidence that in the decades since the 1982 evaluation was conducted, the Bender Gestalt Test administered to Matthews has become “very outdated, rarely used today, and [is] not helpful to gain a full and reliable understanding of the extent of Matthews’ neuropsychological deficits and brain damage.” View "Matthews v. White" on Justia Law