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Current Cases

Despite the recent U.S. Supreme Court Atkins v. Virginia ruling, there still remain several issues involving mental retardation and capital punishment. The current cases section of the website details those cases involving persons with mental retardation on which we are currently working.

  • Daryl Renard Atkins
    Virginia
    Mental Retardation
    Mr. Daryl Renard Atkins was found mentally competent by a Virginia jury on Friday 5 August, 2005. A judge immediately scheduled his execution for December 2, 2005.
    • Mr. Atkins still sits on death row in Virginia. It was for a jury to decide if he was indeed mentally retarded and thus not able to be executed. Recently, defence attorneys failed to convince a jury that Daryl Atkins was mentally retarded. The attorneys are planning to appeal.
    • June 20, 2002, the U.S. Supreme Court held in Atkins v. Virginia that the execution of persons with mental retardation was in fact unconstitutional
    • Click here for the full Opinion on Atkins v. Virginia.
    • For summary and implications of the Atkins decision click here
    • Amicus Curiae-European Union (This brief was originally written for Ernest McCarver. McCarver was made moot by North Carolina legislation, the Court then addressed the same issue in Atkins.)


  • Ernest McCarver
    North Carolina
    Mental Retardation



  • Thomas Clyde BowlingThomas Clyde Bowling Photo
    Kentucky
    Mental Retardation
    Execution Date: Granted Stay of Execution








  • Glenn Holladay
    Alabama
    Mental Retardation
    Execution Date: May 29, 2003
    Stay of execution issued: May 26, 2003