"Ga. death row inmate asks appeals court to delay execution until US Supreme Court weighs in," is the AP report, via Daily Journal.
A lawyer for a Georgia death row inmate scheduled to die next week is asking a federal appeals court to delay his execution until the U.S. Supreme Court weighs in.
Warren Lee Hill is scheduled to be executed July 15. His lawyers asked the U.S. Supreme Court in May to review new evidence they have submitted.
In a court filing Monday, his lawyers said the Supreme Court is currently scheduled to consider whether to take up Hill's case on Sept. 30. They urge the 11th U.S. Circuit Court of Appeals to delay his execution until the high court proceedings are done.
Salon posts, "Georgia gives “mentally retarded” inmate July 15 execution date," by Alex Seitz-Wald.
Despite having an IQ of only 65, Jerome Bowden chose his last words carefully: “I hope this thing that’s happening to me will put some light on this thing that’s wrong.” Two years after he was executed by electric chair in Georgia in 1986, his wish came true when the state Legislature made the Peach Tree State the first in the nation to outlaw the execution of “mentally retarded” convicts. But 27 years and one month later, the state is poised to execute another man who almost everyone agrees suffers from extreme mental challenges.
In February, Warren Hill came within 30 minutes of being put to death before a federal appellate court delayed his execution until it could consider his claim of “mental retardation” (the term used by the state). This week, the state set a new execution date for July 15, even though it’s waiting to hear from the U.S. Supreme Court and lacks the drug it uses for lethal injections.
“All experts who have evaluated Warren Hill agree: he is mentally retarded. Mr. Hill’s execution would therefore be a grotesque miscarriage of justice and render the Eighth Amendment a mere paper tiger,” Hill’s attorney Brian Kammer said.
"Georgia Prepares To Execute Mentally Retarded Inmate," is at the Peach Pundit blog.
On Monday July 15th, Warren Hill is scheduled to die by lethal injection at the Georgia Diagnostic State Prison in Jackson Georgia. Mr. Hill has seen execution dates come and go as is often the custom in death penalty cases. Such appeals and stays of execution are part of the system of checks and balances required if the state is to use the ultimate punishment it can offer – the taking of a life. But in Mr. Hill’s case – a man who has an IQ of 70 and is mentally retarded – the fact that we are again nearing yet another execution date is showing that Georgia’s death penalty is a system full of checks, but little hint of balances.
This is not a column advocating for the repeal of Georgia’s death penalty. Far from it. As has been written in this space before, there is a huge difference between cases such as Troy Davis’ where last minute “evidence” appeared in media accounts but did not appear in courts of law. This, rather, is a case that illustrates that Georgia has the highest burden of proof for a defendant to prove mental retardation. Furthermore, once that burden has been met, there is almost no way under Georgia’s law for subsequent evidence to clarify or change the sentence of death once rendered.
Earlier coverage of Warren Hill's case begins at the link.Mental retardation is now generally referred to as a developmental or intellectual disability. Because it has a specific meaning with respect to capital cases, I continue to use the older term.