Hi Dave,
What does cruel and unusual have to do with it? That wasn't the grounds for overturning the conviction.
I find this a rather strange ruling. Apparently the appelate court upheld that the girl was brutally slain by Tate (I got this from a TV report and paraphrasing what was read from the beginning of the opinion). So the only issue was that of Tate's competancy. Although your article states:
His attorney, Richard Rosenbaum, has said that Tate's refusal of the plea offer shows how "clueless" he was about court proceedings
As I recall from lengthy discussions back during the trial and conviction, it was the mother who declined the plea deal, not Tate. The defense put on the "pro wrestling copycat" defense, and only AFTER the jury didn't buy that did they bring up the issue of competence at his sentencing hearing. Granted, he probably should have been tested for competence as a matter of course pre-trial, but it sure looked like the defense rolled the dice and figured they could always try for a second shot if their gamble failed.
So now the defense will assert incompetance to stand trial in an adult court after the fact? Why didn't they the first time? And will his former police officer mom, who is now serving with the Army in Puerto Rico (again according to TV reports) now reconsider plea options, etc.? AIR, she still thinks this was an accident!
Evie ![]()

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