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Criminal Law

: Underdog

To meet the execution exemption for being mentally retarded, one must assemble the smarts and evidence to prove mental retardation.

By Marks & Katz, LLC

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On January 27, 2010, the Fourth Circuit essentially said that to meet the execution exemption for being mentally retarded, one must assemble the smarts and evidence to prove mental retardation. This 2-1 Fourth Circuit opinion sets the bar too high for proving mental retardation to avoid capital punishment. Walker v. Kelly, __ F.3d _ (4th Cir., Jan. 27, 2010). Jon Katz

Full post as published by Underdog on January 28, 2010 (boomark / email).

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