The new filing, Hill v. GDCP Warden, is available in Adobe .pdf format.
"Warren Hill poses new challenge for Ga. death penalty," is by Kate Brumback of Associated Press, via WALB-TV.
A Georgia death row inmate on Friday filed a new challenge to the state's requirement for defendants to prove intellectual disability beyond a reasonable doubt to be spared execution on those grounds.
The lawsuit filed in Butts County Superior Court says a U.S. Supreme Court ruling in May bolsters arguments made by Georgia death row inmate Warren Lee Hill against Georgia's toughest in the nation "beyond a reasonable doubt" standard.
The high court in 2002 barred execution of the intellectually disabled, but left to the states the determination of who is intellectually disabled.
The U.S. Supreme Court in May knocked down a Florida law that said any inmate who tests above 70 on an IQ test is not intellectually disabled and may be executed. The opinion said IQ tests have a margin of error and inmates whose scores fall within the margin must be allowed to present other evidence of intellectual disability.