Federal law stemming from a 2002 Virginia case that went to the Supreme Court says executing intellectually disabled individuals violates the Eighth Amendment’s ban on cruel and unusual punishment. But the case also allows states to define intellectual disability. In Georgia, that means attorneys for death row inmates have to prove mental impairment “beyond a reasonable doubt.”
“This is the strictest standard in any jurisdiction in the nation,” Krammer said.
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Attorneys tried to use the Hall v. Florida decision as grounds to spare the life of Georgia inmate Robert Wayne Holsey, who was sentenced to death for the murder of a local sheriff’s deputy. Holsey, who also had an IQ of 70 was executed in December.
Hill’s case was presented before the Georgia Board of Pardons and Paroles on Monday. A release from the board said it “will make a decision prior to the scheduled execution,” which is scheduled for 7 p.m. Tuesday.
