A prisoner facing a death sentence must establish he is competent in order to waive a right to subsequent appeals of that sentence.

Jack Greene was convicted of capital murder and sentenced to death. He attempted to waive his right to any appeals. The Arkansas trial court wanted to make sure he had the capacity to understand the difference between life and death and that his waiver was made knowingly and intelligently. A psychological examination was ordered.

Mr. Greene showed the court an evaluation from a year earlier which concluded that he was competent to proceed in a resentencing hearing and had the mental state to be death-penalty eligible. The court disregarded that report because its purpose differed from the intent of the current examination.

Mr. Greene continued to refuse to cooperate with the examiners, stating his objections in a manner described as "amply sprinkled with profanity." The thwarted trial court recognized the futility of ordering yet another evaluation of Mr. Greene. He was determined to have waived his right to both the examination and to the appeal of his death sentence.

The appeals court disagreed. The question of his competency to waive the appeal was still unresolved. Mr. Greene would not be put to death until he could demonstrate his ability to knowingly and intelligently waive his right to an appeal that might spare his life.