I'm doing research for a book on mental defenses, and am curious whether anyone has seen a case in which a defendant has claimed to be mentally retarded in a case other than a capital murder case. I'm interested in how it was raised, how it was proven or disproven, and any other issues you encountered. Please feel free to contact me or just let me know who you are and I'll contact you. Thanks.

I've had several but all juvenile defendants and mostly in sex assault cases.

Jane, we have an appeal where the fellow is claiming incompetence due to moderate retardation. Their evidence is the usual run of dumb (and some not so dumb) things that defendants say during plea proceeedings. I think we'll win that one.

Jane, sounds like an interesting book! I haven't had any noncapitals claim MR, but the recent case of Kenneth Wayne Jackson, 160 S.W.3d 568 will certainly make it easier for all defendants to claim that their mental retardation resulted in "diminished capacity" which negated the mens rea required for conviction.

I have two pending cases at this time. Both are adults, one female and one male, and both are sexual assaults. It is too early in the process in both cases to tell you the outcomes.