Recently, in a per curiam opinion, the CCA adopted a trial judge's conclusion that a death row inmate was mentally retarded and should not be executed.

Presiding Judge Keller authored a dissenting opinion that focused on a TV interview given by the inmate. She found that the interview strongly contradicted the notion that the inmate was mentally retarded.

So, what do you think? To watch the first few minutes of the interview, click here.

The silence is deafening.

Judge Keller's observations about the video interview are pretty accurate. The problem, however, seems to lie with the trial court judge's findings.

Sorry...I was going to watch it while everyone else was watching football this weekend. After all, nothing is more important in Texas than football, except interviews with prison inmates.

Just teasing, JB; I'm sure most people are either on vacation or haven't had time to watch the video and read the opinion.

At least as articulate as some politician interviews I have seen.

I think David hits the most significant point. If the trial judge had shared Judge Keller's opinion, it is quite likely that the rest of the CCA would have supported that opinion. In other words, the case for retardation could have gone either way.

Note, however, that in this case the trial judge (through an adopted vote by the CCA) is making the decision. In more recent cases, the decision is being made by a jury. Personally, I like the opinion of 12 jurors.

I've seen a lot more retarded videos on YouTube.

Oh, an excellent come-back by the Layman.