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Wednesday, April 12, 2006

Once again let me reiterate: Don't mess with Texas.

We haven't really dealt with mental retardation as a defense in criminal law yet (or have we? Don't tell Prof. Stras I wrote that, just assume it is correct…), so I found this case really interesting (ht Southern Appeal).  Basically a defendant was trying to claim mental retardation to escape the death penalty, and failed miserably.  I won't even post a teaser here, it has to be read beginning to end.  

UPDATE: Link fixed.


He hasn't failed yet - it's still pending.

Seems like a simple solution to the issue of deciding such things - stop using the death penalty.
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