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Jurors: Death row inmate not retarded
AP ^ | 8/5/5 | SUE LINDSEY

Posted on 08/05/2005 12:51:32 PM PDT by SmithL

YORKTOWN, Va. - A jury concluded Friday that a death row inmate whose case led to a landmark U.S. Supreme Court ruling is not mentally retarded, clearing the way for his execution later this year.

Jurors deliberated 13 hours over two days before finding Daryl Atkins not to be mentally retarded.

The Supreme Court ruled in Atkins' case three years ago that executing the mentally retarded is unconstitutional. The court, however, left it up to states to determine whether inmates are retarded.

If the jury had deemed Atkins retarded, he would have been spared execution and instead sentenced to life in prison for the robbery and slaying of an Air Force enlisted man.

TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; US: Virginia
KEYWORDS: darylatkins; deathrow; iq; ruling; scotus
Stupid, but not retarded.
1 posted on 08/05/2005 12:51:33 PM PDT by SmithL
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To: SmithL

Close call, but this plant should be planted!

2 posted on 08/05/2005 1:02:25 PM PDT by ncountylee (Dead terrorists smell like victory)
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To: SmithL; eyespysomething

And when the supreme court made this ruling, a whole new class of psychologists-opposed-to-the-death-penalty sprang up, willing to say anyone was retarded. The "gray area" on an IQ test is huge.

This is cached, but it's a really excellent article on "expert testimony" on DP appeals regarding mental retardation.

3 posted on 08/05/2005 1:03:03 PM PDT by SittinYonder (America is the Last Beach)
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To: SmithL

This is an outrage. I once was retarded, now I am 'Mentally Challenged'
How can this lapse in political correctness by the AP not be grounds for a re-trial...

4 posted on 08/05/2005 1:04:34 PM PDT by Paisan
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To: SittinYonder
From that link:

"There is a disease running rampant on death row in Georgia - it's called mental retardation," said Ocmulgee Circuit District Attorney Fred Bright, who is scheduled to testify in an appeals hearing this month for a condemned cop killer.

"It's very contagious, and everybody's catching it," Bright said.

5 posted on 08/05/2005 1:04:55 PM PDT by SittinYonder (America is the Last Beach)
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To: Paisan
I used to be "Mentally Challenged"

I now possess "Differed Intelligence"
6 posted on 08/05/2005 1:36:27 PM PDT by HEY4QDEMS (The destination is most rewarding when you enjoy the journey.)
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To: SmithL

This case is just haunting. I remember the broadcast of the young airman's face, terrified and anguished, as he was getting his money from the ATM. The camera captured his last moments with those grinning, jibbering monsters in the car with him.

7 posted on 08/05/2005 1:54:57 PM PDT by OpusatFR (Try permaculture and get back to the Founders intent. Mr. Jefferson lives!)
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To: OpusatFR

This surveillance photo from an ATM shows Eric Nesbitt seated between two men in his pickup truck after being kidnapped outside a convenience store and forced to withdraw money Aug.1996 in Va. Police say the man on the left is Daryl Atkins, then 18.

I live in the Hampton Roads area. I too recall seeing the video tape. Execute this scumbag Atkins, the sooner the better.

8 posted on 08/05/2005 3:45:29 PM PDT by csvset
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To: SmithL
Isn't it interesting that the Supremes decided years ago that IQ is an irrelevant and meaningless construct, and illegal, when used by employers trying to hire qualified employees, but it is of critical importance when society wants to hold a criminal accountable for the most vicious crimes.
9 posted on 08/05/2005 5:56:47 PM PDT by MRMEAN (Suppose you were an idiot, and suppose you were a member of congress; but I repeat myself. - Mark Tw)
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