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FRANKLIN v. MAYNARD

No. 25747.

356 S.C. 276 (2003)

588 S.E.2d 604

Ellis FRANKLIN, Ricky George, Larry Hall, Herman Hughes, Johnny Pearson, Ted Powers, Kenneth Simmons, et al., Petitioners, v. Gary MAYNARD, Director, South Carolina Department of Corrections, and Charles M. Condon, Attorney General of South Carolina, Respondents.

Supreme Court of South Carolina.

Decided November 3, 2003.

Rehearing Denied December 3, 2003.

Attorney(s) appearing for the Case

John H. Blume, of Ithaca, NY; Robert M. Dudek, Robert Edward Lominack, Elizabeth Fielding Pringle, Keir M. Weyble, Jeffrey P. Bloom, Diana L. Holt, Teresa L. Norris, all of Columbia; and David P. Voison, of Jackson, MS, for petitioners.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for respondents.

PER CURIAM:

The United States Supreme Court (USSC), in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), held the execution of a mentally retarded person is cruel and unusual punishment prohibited by the Eighth Amendment of the United States Constitution. The USSC noted that "[t]o the extent there is serious disagreement about the execution of mentally retarded...

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