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Kentucky Supreme Court Holds State Statute Defining Intellectual Disability as IQ of 70 or Lower Unconstitutional, Death Row Prisoner Entitled to Hearing

Loaded on March 15, 2019 by Matthew Clarke published in Criminal Legal News April, 2019, page 34
Filed under: Americans with Disabilities Act, Death Penalty/Death Row. Location: Kentucky.

by Matt Clarke 

The Supreme Court of Kentucky held that a court erred when it denied a death-sentenced prisoner’s post-conviction motion alleging intellectual disability without a hearing based solely on the prisoner’s IQ exceeding 70. It held that prevailing medical standards should always take precedence in a court’s ...

 

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  1. News In Brief
  2. When Prosecuting Crimes by Police, Feds Appear to Move Slowly, by Edward Lyon
  3. Can Criminal Records Ever Truly Be Expunged in the Internet Era?, by Matthew Clarke
  4. Third Circuit: Pennsylvania’s SORNA Requirements Sufficiently Restrictive to Constitute Custody for Habeas Jurisdiction, by Douglas Ankney
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  7. Wisconsin Considers Updating Its Cash Bail System, by Kevin Bliss
  8. Birth Pangs of Bail Reform Come to Texas, by Edward Lyon
  9. Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal, by Derek Gilna
  10. $8.4 Million Combined Settlement Reached by ‘Norfolk Four’, by Douglas Ankney
  11. Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction, by Matthew Clarke
  12. Shooting of Seven-Year-Old Girl in Houston Highlights Problems With Eyewitness Identification, by Matthew Clarke
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  14. Kentucky Supreme Court Holds State Statute Defining Intellectual Disability as IQ of 70 or Lower Unconstitutional, Death Row Prisoner Entitled to Hearing, by Matthew Clarke
  15. Oregon Supreme Court Clarifies PCR ‘Church Motion’ Practice, by Mark Wilson
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  17. Tennessee Supreme Court: Attempting to Secretly Videotape 
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  18. Georgia Supreme Court Holds Statute Authorizing Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Is Unconstitutional, by Douglas Ankney
  19. Erie County Convicted 11 People of Violating a Law Ruled Unconstitutional Over 20 Years Ago by Federal Court, by Kevin Bliss
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  21. FBI Reviewing Four Incidents of Excessive Force at Mesa, Arizona, PD in Just Four Months, by Dale Chappell
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  28. Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police, by Dale Chappell
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