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STATE v. JIMENEZ

A-50 September Term 2005

908 A.2d 181 (2006)

STATE OF NEW JERSEY, Plaintiff-Appellant, v. PORFIRIO JIMENEZ, Defendant-Respondent.

Supreme Court of New Jersey.

Decided October 24, 2006

Attorney(s) appearing for the Case

John K. McNamara, Jr., Assistant Prosecutor, argued the cause for appellant (Michael M. Rubbinaccio, Morris County Prosecutor, attorney).

Joseph E. Krakora, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney; Mr. Krakora and Susan Remis Silver, Special Counsel to the Public Defender, on the letter briefs).

Paul H. Heinzel, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter C. Harvey, Attorney General, attorney).

Jeffrey S. Mandel argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Pitney Hardin, attorneys).

JUSTICES LaVECCHIA, ZAZZALI, WALLACE, and RIVERA-SOTO join in CHIEF JUSTICE PORITZ's opinion. JUSTICE ALBIN filed a separate, dissenting opinion, in which JUSTICE LONG joins.

CHIEF JUSTICE PORITZ delivered the opinion of the Court.

This case presents an issue of first impression in New Jersey. 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 a mentally retarded person violates the prohibition against cruel and unusual punishment found in the Eighth Amendment. Atkins...

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