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: Capital Defense Weekly

PA legislative development

By Karl R. Keys, Esq.

AP notes that , the Pennsylvania General Assembly has finally passed a responste to Atkins: The Senate voted 45-2 to approve a bill that would establish a pretrial process to determine whether a defendant potentially facing the death penalty is mentally retarded. The bill follows a 2002 U.S. Supreme Court ruling that said it is unconstitutionally cruel to execute a person who is mentally retarded. The state Legislature has since been unable to decide when the state’s courts should make that determination of a defendant , either before or after the trial. The bill goes to the House. (Senate Bill 628) [h/t Andy Hoover & Steve Hall] (Note of disclosure:  Please note that I am currently the co-chair of Pennsylvanians for Alternatives to the Death Penalty & might just have a slightly jaundiced view of the legislation)continue to full post

Full post as published by Capital Defense Weekly on July 09, 2009 (boomark / email).