a divided Arkansas Supreme Court ruled 4-3 not to reopen the case of Andrew R. Engram

a divided Arkansas Supreme Court ruled 4-3 not to reopen the case of Andrew R. Engram, an allegedly mentally retarded man who was convicted in 1999 of raping and murdering a security guard and sentenced to death. 
Engram’s attorneys asked that the case be reopened in light of a 2002 decision from the U.S. Supreme Court declaring the execution of mentally retarded inmates "cruel and unusual punishment," a violation of the Eighth Amendment.
Engram’s attorneys claim that he is mentally retarded. In declining the request, the Supreme Court ruled that Engram should have raised the issue during his trial, citing Arkansas Code Annotated 5-4-618, which bars the death penalty for mentally retarded defendants. Instead, the court found Engram’s attorneys never asked for a ruling on whether he was mentally retarded.
Engram was convicted in the June 5, 1997, slaying of Laurie White, 26. At the Arkansas Supreme Court, the case is CR99-928, Andrew R. Engram v. State of Arkansas.