Wednesday, May 28, 2014

Another Chance to Live

            In a 5-4 decision, the United States Supreme Court has just given Freddie Lee Hall another chance to live.  With an IQ of 71, Mr. Hall was sentenced to death row in 1978 for the kidnap, beating, rape, and murder of a 21-year-old pregnant newlywed.  Shortly after this murder, Mr. Hall and his co-defendant also killed a sheriff’s deputy.  In 2002, the Supreme Court held that the execution of individuals with intellectual disabilities violates the protections of the Eighth and Fourteenth Amendments to the Constitution.  Atkins v. Virginia, 536 U. S. 304, 321 (2002).  Based on this decision, Mr. Hall appealed his conviction.  The Florida Supreme Court affirmed his conviction holding that Mr. Hall’s 71 IQ was above the threshold mark of 70 and Mr. Hall was therefore not intellectually disabled.  Now, in an opinion authored by Justice Kennedy, the U.S. Supreme Court has declared that use of such a rigid measure does not preserve the value of human dignity, and it “creates an unacceptable risk that persons with intellectual disability will be executed, and thus [it] is unconstitutional.”  Hall v. Florida, 572 U. S. ____ (2014).

http://lawprofessors.typepad.com/appellate_advocacy/2014/05/another-chance-to-live.html

Appellate Justice, United States Supreme Court | Permalink

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