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."