Without appointed counsel in capital postconviction proceedings - The self-representation competency of Mississippi death row inmates

Debate continues about whether the higher standard of reliability of death penalty proceedings extends to providing appointed counsel to death row pri soners in state postconviction (i.e., habeas corpus or collateral relief) p roceedings. To better inform this discussion, 44 of 52 death row inmates in Mississippi, a state that has not in the past typically provided appointed counsel in state postconviction litigation, were evaluated regarding their underlying abilities, relevant aptitudes, specific legal knowledge, and ps ychological stability to competently represent themselves in collateral rel ief proceedings. The Mississippi death row inmates exhibited a pattern of b road deficits in requisite verbal intellectual ability, reading comprehensi on, legal aptitude, knowledge specific to postconviction practice, and psyc hological well-being. These deficits raise grave concerns regarding the sel f-representation competency of Mississippi death row prisoners. These findi ngs may also be applicable to other jurisdictions and contexts.