Similarly, there is no dispute that since his sentencing, Walton has fallen deeper and deeper into mental illness. The issue before the en banc court concerns only the questions that must be answered by a court faced with the task of determining whether Walton is competent to be executed. While the majority and I agree that the test for competency under the Eighth Amendment is whether an individual understands that he is to be executed and why, I would hold that an individual’s understanding of the fact of execution must include the understanding that execution will mean his death, defined as the end of his physical life. A. That a prisoner’s awareness of his upcoming execution should include such a fundamental understanding is clear, first, from the manner i 178 N.W.624, 626 (1920) (<HOLDING>); State v. Scott, 92 Ohio St.3d 1, 748 N.E.2d
holding that the statute incorporated all the rights and obligations of the contract emphasis added holding that competency is appropriately defined as the mental capacity to understand the nature of the death penalty and why it was imposed upon the convict emphasis added internal quotation marks omitted holding that an application is  pending from the time it is first filed  emphasis added holding that to be competent under ford a prisoner must have a rational understanding of what it means to be executed holding that demonstrating incompetence to be executed requires a showing that the petitioner does not understand and is incapable of understanding  his impending fate  emphasis added