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News and Developments 2005: Mental Retardation

Missed Court Deadline Could Cost Mentally Retarded Man His Life

Posted: December 19, 2005
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Though the U.S. Court of Appeals for the Fifth Circuit assumes that Texas death row inmate Marvin Lee Wilson is mentally retarded, it ruled that he cannot raise the issue in federal court because his defense attorney missed a filing deadline. The U.S. Supreme Court has banned the execution of those with mental retardation, but the Fifth Circuit stated that "however harsh the result may be" their hands are tied by deadlines established in the 1996 Antiterrorism and Effective Death Penalty Act.

LEGAL UPDATES: Mental Retardation, Representation, Lethal Injections

Posted: October 19, 2005
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Various courts issued rulings this week regarding issues important to capital punishment law:

Johnny Paul Penry's Death Sentence Overturned for Third Time

Posted: October 05, 2005
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Ruling that jurors in the most recent retrial of Johnny Paul Penry may not have properly considered his claims of mental impairment, the Texas Court of Criminal Appeals sent Penry's case back for re-sentencing. The Texas court's decision marks the third time that Penry's death sentence has been overturned during the past 16 years. The U.S. Supreme Court overturned his capital conviction in 1989 in Penry v.

Important Court Decisions in New Jersey and Louisiana

Posted: August 18, 2005
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The Appellate Division of New Jersey's Superior Court in State v. Jimenez announced new procedures on August 17, 2005 for deciding claims of mental retardation by a defendant facing the death penalty:

Ohio Death Row Inmate Spared Because of Mental Retardation

Posted: August 12, 2005
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On August 9, 2005, the Court of Common Pleas Criminal Division in Hamilton County, Ohio, held that Darryl Gumm, a death row inmate, is mentally retarded. The decision came after Mr. Gumm filed a post-conviction petition in the state court following the Supreme Court's decision in Atkins v. Virginia, 536 U.S. 304 (2002). Mr. Gumm's case appears to be the first Ohio death row inmate to be declared mentally retarded and therefore unexecutable. (State v. Gumm, No. B-9205608; see <http://www.sconet.state.oh.us/Web_Sites/courts/#h>.

Virginia Insists on Execution Even in "Close Case" of Mental Retardation

Posted: July 27, 2005
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Even though the state of Virginia admits that the question of Daryl Atkins' mental retardation is a "close case," it is still pursuing a lengthy jury trial to ensure his execution.  The U.S. Supreme Court ruled in Atkins v. Virginia in 2002 that those with mental retardation must be excluded from the death penalty, but they issued no opinion with regard to Mr.

BOOKS: Clemency

Posted: June 09, 2005
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  • A new book by Professor Austin Sarat focuses on clemency's role in the U.S. criminal justice system: "Mercy on Trial: What It Means to Stop an Execution." According to U.S. Senator Edward Kennedy, "This thoughtful book should be read by every citizen who cares about the issue, and by every governor and president entrusted with the power to punish or pardon." In "Mercy on Trial," Sarat reviews the complexities of clemency and examines issues such as rehabilitation. (Princeton University Press, 2005).

Georgia Death Penalty Conviction Overturned Because of Prosecutorial Misconduct

Posted: April 05, 2005
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A Georgia Superior Court overturned the murder conviction of death row inmate Willie Palmer after finding that prosecutors hid a $500 payoff to the state's key trial witness, an act the judge said was "in defiance of (the state's) legal and ethical duties." The judge also threw out Palmer's death sentence on the grounds that his trial lawyer failed to investigate and present evidence of Palmer's mental retardation.