the Supreme Court ruled 5-4 that a lower court improperly gave a Tennessee death row inmate a 2nd chance

the Supreme Court ruled 5-4 that a lower court improperly gave a Tennessee death row inmate a 2nd chance, infringing on the state's right to execute the man. But 4 justices said the judicial system failed the inmate.
Justices found that the 6th U.S. Circuit Court of Appeals in Cincinnati abused its discretion when it reopened Gregory Thompson's case. Justice Anthony M. Kennedy, writing the majority opinion, said that the appeals court's action was extraordinary, and that it infringed on the state's right to execute Thompson.
Thompson was convicted of using a butcher knife in 1985 to kill Brenda Blanton Lane, 28.
Thompson was to be executed last year, but that was called off after the appeals court vacated an earlier ruling against him.
The change of heart stemmed from the research of appellate Judge Richard F. Suhrheinrich, who found the opinion of an expert witness who believed Thompson suffered from schizophrenia. The expert's opinion had not been entered into the record.
The case is Bell v. Thompson, 04-514.