Was is the case Blakely v. Washington or Ford v. Wainwright that upheld the common law rule that the insane cannot be executed?
Blakely v. Washington: Blakely v. Washington, 542 U.S. 296 (2004), held that, in the context of mandatory sentencing guidelines under state law, the Sixth Amendment right to a jury trial prohibited judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant. Ford v. Wainwright: Ford v. Wainwright, 477 U.S. 399 (1986) , was a U.S. Supreme Court case that upheld the common law rule that the insane cannot be executed; therefore the petitioner is entitled to a competency evaluation and to an evidentiary hearing in court on the question of their competency to be executed.
Ford v. Wainwright