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In the court filing, Ms. Addison said the judge, Prentis Smiley Jr. of the York County Circuit Court, was not free to entertain a motion based on prosecutorial misconduct because Mr. Atkins's case was before him only on the question of mental retardation.
Mr. Pokorak has asked for a full evidentiary hearing on the question of Mr. Cruz's mental retardation.
On the question of not requiring unanimity on retardation, Mr. Dieter said that New Jersey was now different from most states that require a unanimous ruling on the penalty.
For years, affected Amish children who seemed healthy at birth soon suffered brain damage and other forms of retardation.
But in the sentencing phase, the jury considered evidence of retardation, and gave the defendant life in prison.
As a first approach to solve these questions, gel retardation experiments were carried out.
Hill's attorney, Brian Kammer, issued a statement after the stay: "All the doctors who have examined Mr Hill are unanimous in their diagnosis of mental retardation, so there is no question that his execution would have been in violation of the US supreme court's 2002 ruling in Atkins v Virginia.
Experts generally consider an I.Q. of less than 70 to be evidence of mental retardation.
First, Teresa has an IQ of 70-72, whish is on the cusp of mental retardation.
Iodine deficiency is the leading preventable cause of mental retardation.
Sami had been given a diagnosis of mild retardation.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com