COLE v. TRAMMELL
2015 OK CR 13
| Okla. Crim. App. | 2015Background
- Cole was convicted by jury of First Degree Child Abuse Murder for the December 20, 2002 death of his nine-month-old daughter Brianna; he received a death sentence after two aggravating findings.
- Petitioner’s federal-habeas and state-postconviction petitions had been denied previously; the U.S. Supreme Court denied certiorari, and appellate review in Oklahoma remained ongoing.
- In 2015, Cole sought extraordinary relief alleging insanity and sought to constrain the method of execution and request a stay of execution.
- An evidentiary hearing was held in the Pittsburg County District Court on August 28, 2015, regarding sanity to be executed under 22 O.S.2011, § 1005; the court found no substantial threshold showing of insanity.
- This Oklahoma Court of Criminal Appeals denied the mandamus and prohibition petitions, holding the warden’s competency procedures constitutionally adequate and Petitioner not entitled to relief, and declined to intervene in the execution protocol.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the competency to be executed procedure violates due process | Cole argues warden control violates Ford/Panetti due process | Allen apprises Oklahoma procedure as constitutionally compliant | Procedure constitutional; no mandamus warranted |
| Whether Petitioner showed a substantial threshold insanity showing to trigger a hearing | Cole contends he is insane and entitled to an adjudication | Record shows awareness of proceedings; no substantial threshold showing | District Court did not abuse discretion; sanity not proven to require an insanity adjudication |
| Whether the execution protocol claim was properly before the court | Petitioner seeks to force use of ultrashort-acting barbiturate | Execution-protocol claims are handled via post-conviction relief | Prohibition denied; protocol challenge not properly before this Court |
Key Cases Cited
- Ford v. Wainwright, 477 U.S. 399 (U.S. 1986) (Eighth Amendment prohibits execution of the insane)
- Panetti v. Quarterman, 551 U.S. 930 (U.S. 2007) (substantial threshold showing of insanity triggers fair hearing)
- Allen v. State, 2011 OK CR 31, 265 P.3d 754 (Okla. Crim. App. 2011) (procedures comply with federal due process)
- Bingham v. State, 82 Okla. Crim. 305, 169 P.2d 311 (Okla. Crim. 1946) (test of sanity to be executed requires understanding of proceedings)
- Alberty v. State, 140 P. 1025 (Okla. 1914) (early rule on procedural changes in law affecting rights)
- Salazar v. State, 852 P.2d 729 (Okla. Crim. 1993) (procedural changes in law are remedial/constitutional)
- Panetti (distinguishing from religious fervor), - (-) (record in Panetti showed delusions; distinguishable from present case)
- Gardner v. State (referenced), - (-) (witness credibility issues in competency analysis)