Hands Off Cain

The U

The U

1 MIN READ
The U.S. Supreme Court ruled 6-3 that Robert Tennard had a right to appeal based on his mental retardation claim. Tennard was convicted of murder in 1986 after he and 2 accomplices killed 2 neighbors and robbed their house. At trial, his only witness, his parole officer, testified that Tennard had an IQ of 67 -- 3 points below the cutoff for mental retardation. A jury sentenced him 2 death after considering only whether he committed the crime deliberately and his future dangerousness. Under subsequent Supreme Court decisions, his mental capacity should also have been considered. A federal judge and the U.S Court of Appeals for the Fifth Circuit denied him a "certificate of appealability" necessary for continued constitutional review of his state sentence in the U.S. courts. The Supreme Court reversed the lower courts, citing a 2000 precedent, saying "reasonable jurists would find the (judge's) assessment of the constitutional claims debatable or wrong."
SOURCES
  • (Sources: United Press International, Dallas Morning News)