Filed: September 27, 2019
Court: Eleventh Circuit Court of Appeals
Overview: The brief argued that Marc Jenkins, an individual with evidence indicating possible intellectual disability on death row in Alabama, should have the opportunity to present full evidence to prove his intellectual disability claim in an Atkins hearing.
Excerpt: “A death row inmate who claims that he has intellectual disability and therefore is exempt from execution under the Eighth Amendment, pursuant to the Supreme Court’s decision in Atkins v. Virginia, 536 U.S. 304 (2002), should have the opportunity to develop an appropriate record in support of that claim when there is evidence of impairment that could be attributable to intellectual disability. That common-sense rule is grounded in principles of due process and fundamental fairness, taking into account the way Atkins fundamentally changed the legal context of intellectual disability evidence in capital cases. It also is grounded in clinical standards regarding the diagnosis of intellectual disability, which emphasize the importance of thorough evidence-gathering and clinical judgment.”
Status: Petitioner’s request for en banc review is pending.