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Eleventh Circuit finds Georgia procedure for implementing Atkins unconstitutional

By Douglas A. Berman

An Eleventh Circuit panel has a fascinating ruling today in Hill v. Schofield, No. 08-15444 (11th Cir. Jun. 18, 2010) (available here), concerning Georgia procedures for implementing the Atkins ruling prohibiting the execution of mentally retarded persons. Here is the start of the ruling: Warren Lee Hill, Jr. appeals from the district court?s denial of his 28 U.S.C. § 2254 habeas petition in which he challenged his death sentence.  The district court granted a certificate of appealability on Hill?s claim that the Georgia Supreme Court?s decision upholding Georgia?s statutory requirement that in order to be exempt from execution Hill must prove his mental retardation beyond any reasonable doubt is contrary to clearly established federal law as announced in United States v...continue to full post

Full post as published by Sentencing Law and Policy on June 18, 2010 (boomark / email).