Why Atkins v. Virginia Warrants an Extension to Capital Defendants ...

sway the court. n3. Atkins v. Virginia,n4 decided in 2002 by the United States Supreme Court, casts further doubt on the South. Carolina highest court's holding ...

Judging Insanity, Punishing Difference: Introduction Excerpt

... Court ruled in Atkins v. Virginia that the ... extension of the constitutional exemption from capital punishment to severely mentally ill defendants.

Capital Jury Selection for the Mentally Retarded Client Not Excluded ...

Although the U.S. Supreme Court held in Atkins v. Virginia that it is ... Prior to Atkins, defendants with mental retardation struggled for death ...

commonwealth of virginia opinion by chief justice

sentence of death because error occurred during the penalty proceeding of the capital murder trial. Atkins v. Commonwealth, 257 Va. 160, 180, ...

Determining When Severe Mental Illness Should Disqualify a ...

In declaring the death penalty for those with mental retardation unconstitutional, the Supreme Court in Atkins v. Virginia (2002, p.317) declined to specify ...

Unconstitutional Punishment Categories - Moritz College of Law

insane offenders in holding that the defendant was entitled to a hearing in the case of Ford v. ... other words, the Court would apply Atkins v. Virginia to JLWOP ...

A Practitioner's Guide to Defending Capital Clients Who Have ...

significance of a finding by the trial court at a pre-Atkins trial that the defendant was not ... forth by the United States Supreme Court in Atkins v. Virginia, ...

Disability Rights Center of Kansas - KS Legislature

... Court decided the case of Atkins v. Virginia,. 536 U.S. 304; 122 S. Ct. 2242; 153 L. Ed. 2d 335 (2002). The Supreme Court held that capital.

The Revitalization of Ake: A Capital Defendant's Right to Expert ...

Specifically, the decisions in Atkins v. Virginia,4 Wiggins v. Smith,5 and Panetti v. Quarterman6 suggest that the Constitution requires significant Ake ...

Capital Defense - Florida Mental Health Law

Abstract: In Atkins v. Virginia (2002), the United States Supreme Court held that intellectually disabled defendants cannot be sentenced to death; but since ...

protecting defendants with worsening mental illness on death row from

Atkins v. Virginia, 536 U.S. 304, 321 (2002) (holding that the Eighth Amendment bars capital punishment of defendants with intellectual ...

Statutory Mandatory Minimums for Non-Capital Offenses C

Atkins v. Virginia37 held that the Eighth Amendment bars the ... finding, as the Supreme Court did in Atkins, that a defendant is "categorically" less.

Implementing Atkins: The Strengths & Weaknesses of In Re ...

On February 20, 2002, the United States Supreme Court decided the case of Atkins v. ... defendant in Atkins v. Virginia had received a number of different IQ ...

Uncertain Waters: Tennard v. Dretke Provides Swells of Protection ...

found Atkins guilty of capital ... For subsequent cases the Supreme Court requires trial courts to allow evidence of any capital defendant's cognitive ...

What Atkins Could Mean for People with Mental Illness

4 and the Supreme Court's decision in Atkins v. Virginia,5 no state is permitted to impose a death sentence on someone who suffers from ...

Capital Punishment in the Supreme Court 2018 Term | ACS

In these decisions, the Court did not broaden the rights of capital defendants so much as insist on compliance with prior Court decisions. ... [44] Atkins v.

Continuing Issues: Determining Intellectual Disability After Atkins

In its 2002 decision in Atkins v. Virginia, the U.S. Supreme Court ruled that individuals with intellectual disability (then called “mental retardation”) ...

Mental Illness and the Death Penalty in North Carolina

Bonnie, The APA's Resource. Document on Mental Retardation and Capital Sentencing: Implementing Atkins v. Virginia, 32 J. AM. ACAD. PSYCHIAT. & L. 304, 308.

Moore v. Texas and the Ongoing National Consensus ... - CORE

In this case, Virginia disputed the fact that Atkins was, in fact, intellectually ... 294 The Court ruled in favor of capital defendants in five of the six ...

Eligibility for the Death Penalty—Part 1: Atkins-Type Evaluations

In Atkins v. Virginia (2002), the United States Supreme Court held that executing criminal offenders who are mentally retarded violates several provisions of ...