STATE of Arizona EX REL. William G. MONTGOMERY, Maricopa County Attorney, Petitioner,
v.
The Honorable Michael W. KEMP, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, Respondent Judge.
Apolinar Altamirano, Real Party in Interest.
Supreme Court of Arizona.https://leagle.com/images/logo.png
Mark Brnovich , Arizona Attorney General, Lacey Stover Gard , Chief Counsel, Laura P. Chiasson , Assistant Attorney General, Criminal Appeals Section, Tucson, Attorneys for Amicus Curiae The Arizona Attorney General.
Emily Skinner , Arizona Capital Representation Project, Phoenix; David J. Euchner , Pima County Public Defender's Office, Tucson; and Charlotte G. Merrill , Federal Public Defender's Office, Phoenix, Attorneys for Amici Curiae Arizona Capital Representation Project and Arizona Attorneys for Criminal Justice.
Rhonda Elaine Neff , Kimerer & Derrick, P.C., Phoenix, Attorney for Amicus Curiae American Association on Intellectual and Developmental Disabilities.
JUSTICE BEENE authored the Opinion of the Court, in which VICE CHIEF JUSTICE TIMMER and JUSTICES BOLICK, GOULD, and LOPEZ joined.
JUSTICEBEENE, Opinion of the Court:
¶1 In Atkins v. Virginia,536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), the United States Supreme Court declared that a person with an intellectual disability cannot be sentenced to death. A finding of intellectual ...
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