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Post by The Tipsy Broker on Feb 18, 2013 16:24:21 GMT -6
GPB News www.gpb.org/news/2013/02/18/high-bar-to-avoid-ga-executionWarren Lee Hill’s attorneys have been trying to stop his scheduled execution Tuesday evening with new testimony from doctors that he’s mentally disabled. Georgia and federal law prohibit executing “mentally retarded” defendants, and the case is highlighting Georgia’s strictest-in-the-nation standard for proving that. State law requires mental disability is proven “beyond a reasonable doubt” – the highest bar to clear in the law. Georgia’s the only state with such a standard. Also unusual in Georgia’s law: jurors make the decision at the same time they decide guilt or innocence. That complicates trial, said Russell Gabriel, a law professor at the University of Georgia and director of the school’s Criminal Defense Clinic. “Because the definition of mental retardation includes not just an IQ score but also how the person was adapting to everyday life before the age of 18, it means this incredible range of events when they were a child is suddenly pulled into the regular part of the trial,” Gabriel said. He said many states decide before the main trial if someone is mentally retarded. He also said Georgia’s tough standard is even tougher when you factor in human nature: a capital-murder-case jury probably won’t decide a defendant is mentally disabled. “Those jurors have found someone guilty of a murder. It’s a capital-eligible murder – there’s something aggravated about it – and you’re asking them to do something for the defendant, like find him mentally retarded? They know it’s some kind of benefit for the defendant. They’re not as likely to feel generous, if that’s what they need to feel,” Gabriel said. Hill’s case has disability advocates gearing up to push for changes. Rita Young with the nonprofit All About Developmental Disabilities said the state needs to lower the burden of proof to a “preponderance of the evidence” – basically, attorney would have to prove it’s more likely than not that a defendant is mentally retarded. Roughly two dozen other states use that standard. “I think there’s a myth that you can perhaps look at an individual and tell that they have an intellectual disability, and that’s just simply not true,” Young said. “In some cases, it is very obvious; in others, it’s not.” Young said they’re hoping to convince lawmakers to set up a study committee on the issue.
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Post by moretoasts on Feb 19, 2013 3:12:25 GMT -6
Wouldn't be surprised at all if they let this execution go forward. Sad to say, this is the state who turned down Troy Davis, no hope at all on this one.
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Post by moonlight on Feb 19, 2013 13:56:19 GMT -6
That dude has killed his 18 years old girl friend before he killed his cellmate. He should drop dead on due course. Damned with all the so called "mentally disabled/retarded" garbage. Sentence must be carried out this way or the other the sooner the better.
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Post by The Tipsy Broker on Feb 19, 2013 14:07:06 GMT -6
Hill declined to request a special last meal, and is chowing down on the jails meal tray, consisting of macaroni and cheese, baked beans, mixed vegetables, stir-fry vegetables, cornbread, cookies and iced tea. Macaroni *pukes* Edit to say im not angry he's getting macaroni. Just couldnt find a puking smiley for me (I simply cant abide the stuff)
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Post by moonlight on Feb 19, 2013 14:33:42 GMT -6
I hope he goes down damned fuc*y condemned murderer.
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Post by rayozz on Feb 19, 2013 19:49:36 GMT -6
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Post by The Tipsy Broker on Feb 20, 2013 3:23:25 GMT -6
Im going to have to kill a puppy now to release my bloodthirst.
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Post by moonlight on Feb 20, 2013 10:41:07 GMT -6
Devastating news for justice and law enforcement.
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Post by spinaltap on Feb 20, 2013 11:22:25 GMT -6
This stay makes me mad
His IQ was high enough to be in the military he killed 2x
Issues like this should need to be presented much earlier than when the accused is eating their last meal.
Here's hoping he is hanging out in hell soon
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Post by SubSurfCPO(ret) on Feb 20, 2013 12:01:11 GMT -6
This stay makes me mad His IQ was high enough to be in the military he killed 2x Issues like this should need to be presented much earlier than when the accused is eating their last meal. Here's hoping he is hanging out in hell soon I find that bit of info about his IQ and military service very interesting. Was he discharged due to his low IQ? if not then it seems the appeals court is.way off base here. Sent from my LS670 using proboards
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Post by rayozz on Feb 20, 2013 20:02:10 GMT -6
His stay was not due to his IQ but an issue with LI. Apparently their LI chemicals are close to expiry.
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Post by The Tipsy Broker on Feb 21, 2013 3:49:27 GMT -6
As he should have been (close to expiry)
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Post by Potassium_Pixie on Feb 23, 2013 2:46:34 GMT -6
Im going to have to kill a puppy now to release my bloodthirst. No. Don't kill the puppy! The puppy didn't do anything to deserve that. What you should really do is kill that retar--oops. My bad.
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Post by Breka on Feb 28, 2013 1:01:30 GMT -6
With all the stays and decreasing of the number of execution I got the bad feeling - death penalty will be history soon !
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Post by The Tipsy Broker on Mar 1, 2013 8:27:47 GMT -6
With all the stays and decreasing of the number of execution I got the bad feeling - death penalty will be history soon ! Charlene will have to rename the board then
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Post by Potassium_Pixie on Mar 5, 2013 3:32:13 GMT -6
Even if all the other states all abolish the death penalty, Texas will probably still keep on executing strong. And maybe Virginia also.
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