Washington (CNN) The Supreme Court sent a case concerning a death row inmate, who claims he can no longer remember his crimes because of several strokes he had while in prison, back down to the lower courts to take a second look.

The court had already stayed the inmate Vernon Madison's execution last January.

In a 5-3 vote, Chief Justice John Roberts sided Wednesday with the liberals on the court in favor of Madison.

Only eight justices had heard the case because Justice Brett Kavanaugh had not been confirmed by the time the case was argued.

"The state court, we have little doubt, can evaluate such matters better than we. It must do so as the first step in assessing Madison's competency — and ensuring that if he is to be executed, he understands why," Justice Elena Kagan wrote in the majority's opinion.

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