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STATE v. FLORES

No. 27,845.

93 P.3d 1264 (2004)

135 N.M. 759

2004-NMSC-021

STATE of New Mexico, Plaintiff-Appellant, v. Ruben FLORES, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied July 8, 2004.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, M. Victoria Wilson, Assistant Attorney General, Santa Fe, NM, for Appellant.

John Bigelow, Chief Public Defender, Jeffrey J. Buckels, Assistant Public Defender, Albuquerque, NM, for Appellee.

Brian A. Pori, Albuquerque, NM, for Amicus Curiae, New Mexico Criminal Defense Lawyers Association.

James W. Ellis Albuquerque, NM, Amicus Curiae.

OPINION

CHÁVEZ, Justice.

{1} The United States Supreme Court held in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), that execution of persons with mental retardation violates the Eighth Amendment prohibition against cruel and unusual punishment. Eleven years before Atkins was decided, our Legislature prohibited the execution of defendants with mental retardation and established...

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