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Georgia was ahead of the curve in 1988 when it became the first state to bar execution of the mentally retarded, but it now requires defendants to meet an unconstitutionally high standard to prove retardation, a DeKalb County judge has ruled. Georgia's standard of proof for mental retardation is greater than that of any other state and violates fundamental fairness and due process, Judge Clarence F. Seeliger found.
October 24, 2002 at 12:00 AM
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The original version of this story was published on Law.Com
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