Congressional Digest

Supreme Court Debates January 2017 No. 1 Vol. 20
Arizona, Alabama, Arkansas, et al., Amici Curaie

Death Penalty and Intellectual Ability

Intellectual Capacity in Capital Cases

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Arizona, Alabama, Arkansas, et al., Amici Curaie

Lacey Stover Gard, Counsel of Record

Arizona, Alabama, and Arkansas are joined in this brief by 13 other States. Lacey Stover Gard is senior chief counsel in the Capital Litigation Section of the Office of the Arizona Attorney General. The following is excerpted from the Amicus Curiae Brief for Respondent as submitted to the U.S. Supreme Court on September 13, 2016. Petitioner’s challenge to Texas’ framework for determining intellectual disability claims rests on the premise that Atkins v. Virginia (2002) and Hall v. Florida (2014) sideline the States from playing any meaningful role in creating the legal standards for implementing the constitutional restriction against executing intellectually…

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