Posted: Friday, August 29th 2014 at 5:31pm
New challenge for Ga. death penalty provision
By The Associated Press
ATLANTA (AP) -- A lawyer for a Georgia death row inmate has 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.
Brian Kammer, a lawyer for Warren Lee Hill, filed the lawsuit Friday in Butts County Superior Court. Georgia's "beyond a reasonable doubt" standard is the nation's toughest.
The U.S. Supreme Court in May ruled in a Florida case that states cannot rely solely on an IQ score above 70 to bar an inmate from claiming intellectual disability.
Kammer argues the decision shows that an earlier Supreme Court ruling requires states to look to medical professionals and use their methods to determine intellectual disability. Kammer says all doctors who have examined Hill now agree he's intellectually disabled.
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