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SMITH v. STATE

1060427.

213 So.3d 239 (2007)

Ex parte State of Alabama. (In re Jerry Jerome SMITH v. STATE of Alabama).

Supreme Court of Alabama.

May 25, 2007.

Attorney(s) appearing for the Case

Troy King , atty. gen.; Kevin C. Newsom , deputy atty. gen.; and Beth Jackson Hughes , asst. atty. gen., for petitioner.

Bryan A. Stevenson , Angela L. Setzer , and Rebecca C. Kiley , of Equal Justice Initiative of Alabama, Montgomery, for respondent.

The issue in this case is whether Jerry Jerome Smith is mentally retarded and thus ineligible for the death penalty. See Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding unconstitutional the execution of a mentally retarded offender).

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