SCOTUS denies cert in death row syndrome case

I missed in the quick review of SCOTUS action today that the Court rejected, yet again, a “death row syndrome” case.  Here are particulars from Lyle Denniston at SCOTUSblog:

The Court refused, for at least the fifth time in the past 12 years, to consider whether it is unconstitutional for a individual facing a death sentence to have to remain on Death Row for a long period of time. The Court declined to hear the case of Smith v. Arizona (07-5847), raising this issue: “Whether the standards of decency have evolved to the point that the execution of a person after confinement on death row for over three decades violates the Eighth Amendment’s prohibition against cruel and unusual punishment?” Justice Stephen G. Breyer, who has voted repeatedly to consider that issue (as has Justice John Paul Stevens), dissented from the denial, and filed a one-page opinion briefly outlined views he had expressed previously.  Justice Stevens did not note his vote this time.  Several times in the past, Justice Clarence Thomas has written opinions arguing that there is no constitutional problem in such prolonged waits for execution.  He did not write on Monday.

More details about the Smith case can be found in this Reuters report.

UPDATE:  Justice Breyer’s one-page dissent is available here.

MORE:  And Kent at C&C comments here on Smith.