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Criminal Law

: Sentencing Law and Policy

How many have sought off death row using Atkins?

By Douglas A. Berman

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Thanks to How Appealing I saw this intriguing article in the Cleveland Plain Dealer headlined, "Six felons ruled retarded are spared execution."  Here are snippets: Six men are likely to die in prison, but not at the hands of an executioner.  They were removed from Ohio's death row because they are mentally retarded and judges ruled they qualified under a 2002 U.S. Supreme Court ruling that it is cruel and unusual punishment to execute retarded inmates.... Five other men on death row say they are mentally retarded, including James Were, 51, who was sentenced to death for killing guard Robert Vallandingham in the 1993 Lucasville prison riot.  The Ohio Supreme Court heard Were's arguments in February.... It is not known how many death row inmates nationwide have filed claims...continue to full post

Full post as published by Sentencing Law and Policy on May 12, 2008 (boomark / email).

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