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A trial judge, if he wants, can now decide "mitigation" before any death penalty trial begins; it is also okay if he decides not to. The dissents make sense and follow established law. The majority ends the opinion with this: "If determined pretrial, it remains to be seen whether the State is afforded an adequate remedy should the judge conclude, incorrectly in the State’s opinion, that a defendant is exempt from the death penalty as a result of his intellectual disability."
 
Posts: 62 | Location: Richmond, Texas, USA | Registered: May 07, 2003Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Allen - Case of the Week

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