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Legal News
19 Jun 2015
by Dominic Yobbi

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 5-4 Thursday in Brumfield v. Cain [SCOTUSblog materials] that a man who was convicted in 1993 for killing a police officer in Louisiana is entitled to have a new hearing to determine if he is mentally disabled, making him ineligible … [read more]


Legal News
31 Mar 2015
by Dominic Yobbi

[JURIST] The US Supreme Court [official website] heard oral arguments [transcript, PDF] Monday over how to apply the court's 2002 decision Atkins v. Virginia [Oyez Project summary], which decided that capital punishment for mentally handicapped individuals was considered cruel and unusual punishment under the Eighth Amendment. In Brumfield v. Cain … [read more]


Legal News
28 Jan 2015
by Peter Snyder

[JURIST] The state of Georgia executed inmate Warren Lee Hill Tuesday despite arguments made by his attorneys that he was intellectually disabled. The US Supreme Court [official website] denied Hill's application for stay of execution, rejecting both his petition for habeas corpus and writ of certiorari [order lists, PDF]. Two … [read more]


Legal News
8 Dec 2014
by Peter Snyder

[JURIST] The US Supreme Court [official website] agreed last Friday to add three cases [order list, PDF] to the docket for the upcoming term. The first case, Walker v. Texas Division, Sons of Confederate Veterans, Inc. [cert. petition, PDF] involves state-issued specialty license plates and whether the First Amendment's free … [read more]


Legal News
2 Oct 2014
by Bradley McAllister

[JURIST] A judge from Georgia's Towaliga Judicial Circuit [official website] ruled Monday that death row inmate Warren Lee Hill [JURIST news archive] has failed to meet the state's requirement to prove intellectual disability beyond a reasonable doubt as a bar to execution. Hill's lawyers argued Georgia's high standard for proving … [read more]


Legal News
1 Oct 2014
by Addison Morris

[JURIST] California Governor Jerry Brown [official website] on Tuesday signed [press release] a bill [SB270 text, PDF] issuing a statewide ban against single-use plastic bags. Beginning in July 2016 grocery and convenience stores across the state will be required to supply reusable, multi-purpose bags to customers to be sold for … [read more]


Student Commentary
31 Jul 2014
by Susan Schneider of Syracuse University College of Law
edited by Michael Finley

JURIST Guest Columnist Susan Schneider, Syracuse University College of Law, Class of 2015, explores criticisms of the DSM-5 after the US Supreme Court used it as the sole national standard to define intellectual disability in Hall v. Florida...In its 2002 decision Atkins v. Virginia, the US Supreme Court declared … [read more]


Features
17 Jun 2014
by Sarah Steers

Eighteen US states have abolished the death penalty. Three states - Maine, Michigan and Wisconsin - have completely banned the death penalty since the mid-nineteenth century. Fifteen states abolished the death penalty at various points throughout the twentieth and twenty-first centuries. The remaining 32 states, however, allow the death penalty … [read more]


Features
17 Jun 2014
by Neil Devlin

On June 20, 2002 the Supreme Court decided Atkins v. Virginia where it ruled sentencing intellectually disabled individuals to death is unconstitutional. The Court held such executions are a form of "cruel and unusual punishment," which is categorically prohibited by the Eighth Amendment. The Atkins decision was silent regarding criteria … [read more]


Features
17 Jun 2014
by Zachariah Rivenbark

Since the US Supreme Court first addressed the death penalty the 1879 case Wilkerson v. Utah, the Court has struggled with determining the penalty's constitutional boundaries. In 1976 the court held in Gregg v. Georgia that the imposition of the death penalty does not always violate the Eighth Amendment's prohibition … [read more]


Legal News
15 May 2014
by Dominic Yobbi

[JURIST] The US Court of Appeals for the Fifth Circuit [official website] on Tuesday granted [decision, PDF] a stay of execution for a Texas inmate just hours before he was to be put to death in order to review his claim that he is intellectually disabled. Robert James Campbell, a … [read more]


Professional Commentary
6 Mar 2014
by J. Wells Dixon of Center for Constitutional Rights
edited by Stephen Krug

JURIST Guest Columnist J. Wells Dixon, Senior Staff Attorney for the Center for Constitutional Rights, says that the continued detentions at Guantánamo are arbitrary and unduly perpetual...In his recent State of the Union address, President Barack Obama declared that the US would complete its military mission in Afghanistan by the … [read more]


Legal News
3 Mar 2014
by Cynthia Miley

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Monday on the legal standard for assessing whether an individual is mentally retarded in order to determine that person's eligibility for the death penalty. In Hall v. Florida [transcript, PDF; JURIST report] the court will decide "whether … [read more]


Legal News
21 Oct 2013
by Addison Morris

[JURIST] The US Supreme Court [official website] agreed [order list, PDF] Monday to rule on a case addressing the legal standard for assessing whether an individual is mentally retarded in order to determine that person's eligibility for the death penalty. In Hall v. Florida [docket; cert. petition, PDF] the court … [read more]


Legal News
16 Jul 2013
by Jaimie Cremeans

[JURIST] A judge for Georgia's Fulton County Superior Court [official website] on Monday stayed the execution of death row inmate Warren Lee Hill [JURIST news archive], which was scheduled for 7:00 PM that night. Hill's attorney, Brian Kammer, issued a statement [CNN report] Monday afternoon announcing that the court had … [read more]


Legal News
9 Jul 2013
by Julie Deisher-Edwards

[JURIST] Warren Hill, a Georgia death row inmate with an undisputed IQ of 70, filed motions on Monday for a stay of execution with the US Court of Appeals for the Eleventh Circuit [official website; motion] and the US Supreme Court [official website; motion]. In February, the Eleventh Circuit and … [read more]


Legal News
23 Apr 2013
by Jaclyn Belczyk

[JURIST] The US Court of Appeals for the Eleventh Circuit [official website] on Monday lifted [order, PDF] a stay of execution for Georgia death row inmate Warren Hill [JURIST news archive]. The appeals court halted the execution [JURIST report] in February to allow time to consider whether a federal court … [read more]


Professional Commentary
5 Mar 2013

JURIST Guest Columnist Terrica Ganzy, Staff Attorney for the Southern Center for Human Rights, argues that Georgia's "beyond a reasonable doubt standard" for finding mental retardation in capital offenses is a nearly insurmountable standard...The US Supreme Court has held that the Eighth Amendment's prohibition against cruel and unusual punishment bans … [read more]


Legal News
21 Feb 2013
by Matthew Pomy

[JURIST] The US Court of Appeals for the Eleventh Circuit [official website] on Tuesday issued a stay [text, PDF] on the execution of Georgia death row inmate Warren Hill minutes before his execution. The court granted the stay [opinion, PDF] to allow time to consider the implications of the court … [read more]


Academic Commentary
27 Nov 2012

JURIST Guest Columnist David Harris of the University of Pittsburgh School of Law discusses his new book, which looks at the tendency of law enforcement to resist advances in scientific knowledge that undermine more "traditional" methods of police investigation...In the US today, consumers of news and popular culture cannot avoid … [read more]

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