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Georgia, the first state to ban executing the mentally retarded, will remain the only state to require death penalty defendants to prove retardation beyond a reasonable doubt. The state high court affirmed that standard of proof in the appeal of a man sentenced to die for the beating death of another inmate. Justice George H. Carley found the Georgia General Assembly "remains within constitutional bounds" in establishing such a procedure.
October 07, 2003 at 12:00 AM
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The original version of this story was published on Law.Com
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