A Missouri man was executed Tuesday after the US Supreme Court denied his stay of execution in a two sentence order on Monday.
Carman Deck asked the court to determine whether his constitutional rights were violated because there was a delay between his conviction and his final sentencing. Deck argued that the delay prevented him from having counsel and from contacting family members to provide evidence that Deck had faced physical and emotional abuse as a child.
Deck was convicted of murder in 1998 and was sentenced to death. Deck’s death sentence was overturned and reinstated on three separate occasions. One of Deck’s cases made its way to the Supreme Court in 2005. In Deck v. Missouri, the court held that the use of visible restraints is forbidden in a capital trial’s penalty phase.
Deck’s sentencing was not finalized until three years later in 2008 when a jury again sentenced Deck to death.
He argued that confusion in the lower courts over the constitutionality of inordinate delays in sentencing, particularly in capital sentencing, must be remedied.
On Monday Missouri Governor Mike Parson rejected Deck’s application for clemency. Deck’s execution was carried out by lethal injection the following day.