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: Capital Defense Weekly

By Karl R. Keys, Esq.

This week’s edition should be out tonight. After the jump, the highlights of this week’s edition Defense Kenneth Glenn Thomas v. Allen, 2010 U.S. App. LEXIS 10836 (11th Cir 5/27/2010) Relief grant on Atkins/MR claim. As FindLaw notes: “the district court’s grant of the petition is affirmed where: 1) there was no Alabama precedent stating that when a capital offender has numerous IQ test scores during the developmental period, and one of those IQ scores is over 70, the court cannot find the offender mentally retarded; 2) petitioner showed, by a preponderance of the evidence, that he had significant subaverage intellectual functioning during the developmental period; and 3) the district court did not clearly err in its determination regarding petitioner’s adaptive behavior during the developmental period...continue to full post

Full post as published by Capital Defense Weekly on June 01, 2010 (boomark / email).