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: Capital Defense Weekly

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By Karl R. Keys, Esq.

From the weekly: Three favorable cases are noted since the last edition, State ex rel. Andrew Lyons v. Lombardi (Missouri), Joseph E. Corcoran v. Levenhagen (Seventh Circuit), and Leon Winston v. Kelly (Fourth Circuit). The Missouri Supreme Court’s grant of relief in State ex rel. Andrew Lyons deceptively appears to be a rather straightforward Atkinsgrant, however there is a twist. “Although the statute does not specify any particular method for proving this element, the parties presented evidence of Lyons’ IQ scores.4There were four IQ tests. The results ranged from 61 to 84. Lyons’ expert presented evidence that reconciled the variance. The master concluded that this expert’s testimony was the most credible and concluded that Lyons’ IQ fell within the range of 61 to 70...continue to full post

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