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IN RE COMPETENCY OF PARKUS

No. SC 88077.

219 S.W.3d 250 (2007)

In the Matter of the COMPETENCY OF Steven PARKUS.

Supreme Court of Missouri, En Banc.

April 17, 2007.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, for Appellant.

Sean D. O'Brien, Nancy A. McKerrow, C. Daniel Gibson, Jefferson City, for Respondent.

Mary S. Tansey, Jefferson City, for Amicus Curiae Department of Mental Health.

PER CURIAM.1

Introduction

In 2001, the state of Missouri by statute determined that death is not a suitable punishment for a mentally retarded criminal. Section 565.030.2 That section was made applicable only to offenses occurring after August 28, 2001. Id. The following year the Supreme Court of the United States agreed that under the Eighth Amendment to the Constitution death is not...

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