Court Clears Way for Death Row Challenges for Retarded

[Placebo]

A unanimous California Supreme Court today cleared the way for dozens of death row inmates to challenge their sentences on the grounds that they are mentally retarded, setting a standard more lenient than prosecutors had wanted.

The decision was a major loss for prosecutors — who fear a flood of petitions from death row inmates — to have the court strictly define retardation using a specific IQ level. Instead, the justices said that an inmate can get a hearing to challenge a death sentence so long as a qualified expert supports a claim of retardation.

"IQ tests are insufficiently precise to utilize a fixed cutoff in this context," Justice Janice Rogers Brown wrote for the court.

Inmates can have their death sentences reduced to life without parole if lawyers can show they have "significantly subaverage general intellectual functioning" and behavioral and practical disabilities that began before age 18.

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[chelsea0011]

1. This country executes the mentally retarded....nuff said

[sam sarrha]

2. worse than that they execute the Innocent, about 17% are Innocent, one guy

Bu$h executed had a lawyer that was sent home from court for being drunk in Court.. was chastised for sleeping in court, actually snoring so loud it disturbed the court proceedings more than once.

the court appointed lawyer refused to call 8 eye witnesses to the crime and others as to where he rally was at the time.. under TexAss law only new evidence can be cause for a new trial or appeal. the lawyer actually called NO witnesses to testify on behalf of his client. He just allwowed the prosecution to make its case and that was it.. the family was helpless to do anything about it.

the judges also know that if they allow an appeal they will lose their 6 figure income and be replaced by a faithful party whore.

after the first death row case was overturned by new DNA evidence.. within 48 hours 80% of all stored DNA evidence was destroyed.

there wasn't a precedent to release an inmate with DNA evidence, and it was an election year and no one wanted to look soft on crime, the state government only meets every 2 years for a BBQ. so this poor guy spent another year and a half in jail after being proved Innocent.

[AuntiBush]

3. Agreed!

Remember that case down in Texas when Bush was Gov. "Nuff said, is right!"