Justices nix ruling on confinement of ex-death row inmate
(AP) – Delaware’s Supreme Court has overturned a judge’s order transferring a former death-row inmate awaiting retrial from maximum security to the general prison population.
The court ruled last week that the judge had no authority to order Isaiah McCoy transferred last year. The judged cited the emotional and physical impact of solitary confinement. McCoy’s lawyers also argued he was denied access to the law library and was unable to meet privately with them outside the presence of prison guards.
The justices agreed with prison officials that the judge had no authority under state law to second-guess their inmate housing classification system and order an inmate transferred.
The Supreme Court previously said McCoy deserved a new trial involving a 2010 drug-related killing in Dover because of errors by the judge and prosecutor.