In 1985, Vernon Madison was first convicted of capital murder in state court (Newsweek). A series of strokes has since left him without any memory of the crime, and his counsel is arguing that executing a person for a crime they cannot remember violates the Eighth Amendment's prohibition against cruel and unusual punishment (SCOTUSBlog, Oyez). If the Supreme Court decides to vacate and remand the case for further proceedings, the question will resolve as yes. The Supreme Court is expected to hand down its decision in its 2018 term, but if it does not, the question will resolve as no. _{Confused? Check our FAQ or ask us for help}.

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This question closes as yes on 27 February 2019. https://www.supremecourt.gov/opinions/18pdf/17-7505_2d9g.pdf

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