By Bill Rankin
The Atlanta Journal-Constitution
November 10, 2010
The federal appeals court on Tuesday vacated its ruling that found unconstitutional the burden Georgia puts on capital defendants to prove they are mentally retarded -- and thus ineligible for execution.
Georgia is the only state in the country that requires a defendant raising a mental retardation claim to prove it beyond a reasonable doubt, the highest burden-of-proof threshold. In June, in a 2-1 decision, the 11th U.S. Circuit Court of Appeals in Atlanta said this standard increases the risk a death-penalty defendant will erroneously be found not to be mentally retarded. This violates the Eighth Amendment's guarantee against cruel and unusual punishment, the ruling said.
Now the entire 11th Circuit will decide the issue. The court is supposed to have 12 judges, but one judgeship is vacant because of the retirement of Stanley Birch in August.
To view article go to the link: http://www.ajc.com/news/atlanta/appeals-court-vacates-ruling-734980.html
© 2010 The Atlanta Journal-Constitution
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