Brandon Rhode, a Georgia death row inmate, who was sched­uled for exe­cu­tion on September 21, received a tem­po­rary stay after he attempt­ed to com­mit sui­cide. The Georgia Supreme Court grant­ed a stay until September 24 to allow Rhode access to coun­sel after he was tak­en to the hos­pi­tal on the day of his sched­uled exe­cu­tion. His attor­ney filed a motion stat­ing that his client is incom­pe­tent, and his exe­cu­tion would vio­late stan­dards of cru­el and unusu­al pun­ish­ment. In the court fil­ing, Rhode’s lawyers said Rhode suf­fered from brain impair­ments asso­ci­at­ed with fetal alco­hol spec­trum dis­or­der because his moth­er was drink­ing alco­hol and tak­ing drugs until she found out she was preg­nant well into her sec­ond trimester. The motion assert­ed that Rhode should not be exe­cut­ed because his brain dam­age ​“ren­dered him inca­pable of the req­ui­site lev­el of cul­pa­bil­i­ty required to justify execution.”

(B. Rankin, ​“Rhode seeks stay of exe­cu­tion,” Atlanta Journal-Constitution, September 20, 2010; C. Boone, ​“Execution delayed for death row inmate who attempt­ed sui­cide,” Atlanta Journal-Constitution, September 21, 2010). Other inmates in Ohio (Lawrence Reynolds), Texas (David Long), and Oklahoma (Robert Brecheen) have also attempt­ed sui­cide just pri­or to their exe­cu­tion. After var­i­ous delays, they were exe­cut­ed. See Executions and Time on Death Row.

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