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Criminal Law

: StandDown Texas Project

The Berry Case in Mississippi

By standdown

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Observers are watching to see what the Supreme Court does in the case of Earl Berry, scheduled to be executed by Mississippi tonight.  While Berry has raised a lethal injection claim, the real question deals with mental retardation.  Lyle Denniston has the updated report, "A lawyer's mistake and the death penalty ," at SCOTUS Blog.  Links to submissions are at the post.The death-row inmate next scheduled to be executed in the U.S. ? Earl Wesley Berry of Mississippi ? has two new appeals asking the Supreme Court to spare him temporarily and take up a capital punishment issue it has never decided. In separate petitions filed Monday and Tuesday, Berry?s lawyers argued that a procedural defect ? due to a lawyer?s mistake ? cannot clear the way for execution of an individual if there is evidence that he is mentally retarded...continue to full post

Full post as published by StandDown Texas Project on May 21, 2008 (boomark / email).

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