STATE of New Jersey, Plaintiff-Appellant,
v.
Porfirio JIMENEZ, Defendant-Respondent.
State of New Jersey, Plaintiff-Respondent,
v.
Porfirio Jimenez, Defendant-Appellant.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 11, 2005.
Decided August 17, 2005.
Attorney(s) appearing for the Case
John McNamara, Jr., Assistant Prosecutor, argued the cause for appellant State of New Jersey in A-3736-04T2 and respondent in A-3737-04T2 (Michael M. Rubbinaccio, Morris County Prosecutor, attorney; Mr. McNamara, Jr., Ralph Amirata and Brian Kenney on the brief).
Joseph Krakora, Assistant Public Defender, argued the cause for appellant Porfirio Jimenez in A-3737-04T2 and respondent in A-3736-04T2 (Yvonne Smith Segars, Public Defender, attorney; Mr. Krakora and Susan Remis Silver, Special Assistant to the Public Defender, of counsel and on the brief).
Before Judges FALL, PAYNE and C.S. FISHER.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
PAYNE, J.A.D.
In Atkins v. Virginia,536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) the United States Supreme Court held that the execution of mentally retarded defendants convicted of capital murder constituted excessive punishment that violated the Eighth Amendment to the United States Constitution. However, it left to the states the task of developing the procedures...
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