Home -> Law Blog Directory -> Criminal Law Blogs -> Capital Defense Weekly

Criminal Law

: Capital Defense Weekly

7th Circuit grant of relief

By Karl R. Keys, Esq.

The Seventh Circuit on Wednesday granted relief on whether or not the petitioner is mentally retarded.  Howard A. Allen v. Buss, No. 07-2486O. A straightforward application of Atkins to the facts of this case entitles Allen to a hearing regarding whether he is mentally retarded and therefore categorically excluded from the death penalty. We remand this case to the district court. On remand, the district court should give Allen the chance to develop the factual basis of his claim and present it at an evidentiary hearing. The court must then determine, using Indiana?s standard for mental retardation, whether Allen is entitled to relief under Atkins.

Full post as published by Capital Defense Weekly on March 11, 2009 (boomark / email).