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By Kent Scheidegger et al.

Death Penalty Appeal to the Supreme Court: Lyle Denniston at SCOTUSblog posted on Earl Wesley Berry's recent petitions to the U.S. Supreme Court. Berry had petitioned the U.S. Supreme Court for a stay of execution back in April, our posts on the denial of stay can be found here, and here. Denniston's post on SCOTUSblog reports that Berry's new petition raises an issue that has never been decided:whether a a procedural defect that had been caused by a lawyer's mistake, can clear the way for execution of an individual if there is evidence that he is mentally retarded? On a quick review, there appear to be some gaping holes in the argument. Berry is scheduled to be executed in Mississippi tomorrow night at 6pm. Bench Memos Supreme Court Watch: Ed Whalen at Bench Memos is keeping track of the U...continue to full post

Full post as published by Crime and Consequences on May 20, 2008 (boomark / email).