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.
http://66.102.9.104/search?q=cache:its7C19ekMoJ:www.macon.com/mld/macon/news/6665907.htm%3Ftemplate%3DcontentModules/printstory.jsp+%22doubt+falls+on+experts+testimony%22&hl=en
"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.