Georgia requires a uniquely high standard of proof to demonstrate this condition. The Supreme Court should decide whether the imposition of this stringent and extreme burden unconstitutionally risks the execution of persons with mental retardation like Hill. But unless Hill’s execution is stayed, he will be executed before the court can make its decision.
For these reasons, and because the American Bar Association has long opposed the execution of persons with mental retardation, the ABA strongly urges that Hill’s execution be stayed until his pending Supreme Court petition can be considered and decided on the merits. A stay of execution is not only appropriate in these compelling circumstances — it is what justice demands in order to prevent an unconscionable result.
(Media contact: Robert.Boisseau@americanbar.org)
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