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The court accepts the convicting court's conclusion that the applicant has shown, by a preponderance of the evidence, that he falls within the range of mentally retarded offenders about whom there is a national consensus that they should not be executed; a media interview by the applicant that did not seem indicative of mental retardation was not determinative, and the convicting court properly relied upon the totality of the evidence.
November 26, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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