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Thomas v. Allen: Atkins Bars Execution of Mentally Retarded Offender

By Tim Cone

In Thomas v. Allen, No. 09-12869 (May 27, 2010), the Court affirmed the granting of habeas relief to an Alabama death row inmate based on a finding that he was mentally retarded and therefore ineligible for execution under Atkins v. Virginia.The Court noted that Atkins is a new rule of constitutional law made retroactive to cases on collateral review, and therefore, contrary to the findings of the Alabama courts, could not be defaulted under state procedural rules.Reviewing the numerous studies showing that Thomas? IQ fell below the mental retardation threshold, and other evidence, the Court held that Alabama courts unreasonably applied Atkins when they found Thomas was not mentally retarded.

Full post as published by Defense Newsletter Blog on May 28, 2010 (boomark / email).