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  1. #71
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    Huffington Post Article

    Warren Lee Hill, Prisoner With Mental Disability, To Be Executed In Georgia Feb. 19

    Warren Lee Hill, a man with a mental disability currently on death row in a Georgia prison, is scheduled to be executed on Feb. 19 despite a Supreme Court decision outlawing capital punishment for criminals who are mentally retarded.

    On Feb. 5, the office of state Attorney General Samuel Olens released a statement confirming Hill's execution date.

    From the release:

    On February 5, 2013, the Superior Court of Lee County filed an order, setting the seven-day window in which the execution of Warren Lee Hill may occur to begin at noon, February 19, 2013, and ending seven days later at noon on February 26, 2013.

    Hill, who was sentenced to death for the 1990 murder of Joseph Handspike, had his execution halted in July after he made an appeal based on Georgia's recent switch to a new execution method, which involves the injection of a single drug called pentobarbital -- a drug often used for euthanizing animals. (Previously, the state had used a three-drug cocktail for its lethal injections, according to The Associated Press.)

    But on Feb. 4, Hill's chances of survival were dashed when a State Supreme Court judge struck down his appeal.

    Superior Court Judge Thomas H. Wilson ruled in July that Hill met the criteria for mental retardation by a “preponderance of evidence” but found that Hill did not meet Georgia’s strict definition for mental disability.

    Georgia is the only state in the country that requires mental disability to be proved beyond a reasonable doubt, the New York Times notes. Hill’s lawyer Brian Kammer told previously told The Huffington Post that his client's IQ was rougly 70, and that his mental capacity peaked at the development of a sixth-grader.

    Although the Supreme Court case Atkins vs. Virginia ruled in 2002 that executing prisoners who are mentally disabled violates the Eighth Amendment, the ruling left it up to states to define who falls into that category.

    As Think Progress points out, only the Supreme Court can stop Hill's execution at this point. The Supreme Court, however, refused to review Hill's case in June.

    Both The New York Times and former U.S. President Jimmy Carter have advocated on Hill's behalf, saying he shouldn't be put to death for his crimes. Even the family of Hill's victim filed an affidavit in June, recommending that Hill not be put to death. The statement said the victim's family "feels strongly that persons with any kind of significant mental disabilities should not be put to death.”

    Hill was serving a life sentence for the 1986 murder of his girlfriend when his crime against Handspike, another inmate, took place.

    http://www.huffingtonpost.com/2013/0...n_2663746.html
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  2. #72
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    Ga. death row inmate requests stay of execution

    A lawyer for a Georgia inmate set to be executed next week has filed a U.S. Supreme Court motion requesting a stay of execution.

    Attorneys for Warren Lee Hill, filed the motion Wednesday. Hill is set to be executed Feb. 19.

    Hill was sentenced to death for the 1990 beating death of a fellow inmate. At the time, Hill was serving a life sentence for murder in the 1986 death of his girlfriend Myra Wright.

    Hill's attorneys have argued their client should be spared from the death chamber because he is mentally disabled, a claim the Georgia Supreme Court has rejected. Georgia law requires defendants to prove their mental disability beyond a reasonable doubt which Hill's attorneys say is impossible to do.

    http://www2.wrbl.com/news/2013/feb/1...on-ar-5585848/
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  3. #73
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    Does he have anymore appeals

  4. #74
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    No, he does not. Hill had a stay of execution while the Georgia Supreme Court considered his appeal challenging Georgia's change in it's lethal injection procedure. This filling in the US Supreme Court is expected as a last ditch effort to halt his execution.
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  5. #75
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    Warren Hill: Doctors Now Admit Death Row Inmate Has Mental Retardation

    Doctors evaluating Georgia death row inmate Warren Hill have now admitted that Hill suffers from mental retardation. In December 2000, at the request of the Georgia Attorney General’s Office, doctors examined Warren Hill and claimed he did not meet the criteria for mental retardation. At the time of his first diagnosis, doctors determined Hill suffered from borderline intellectual functioning.

    Those doctors — Dr. Donald Harris, Dr. Thomas Sachy, and Dr. James Gary Carter — have now changed their opinion, agreeing with other assessments that Warren Hill is, in fact, mentally retarded.

    According to Warren Hill’s lawyer, Brian Kammer:

    “Mr. Hill has mild mental retardation, placing Mr. Hill in the category of citizens protected from capital punishment by the 2002 United States Supreme Court decision Atkins v. Virginia.”

    Harris, Sachy, and Carter now state that their initial evaluation of Warren Hill was “extremely and unusually rushed” and “not conducive to an accurate assessment of Mr. Hill’s condition.”

    The doctors admit that advanced in the understanding of intellectual disability has now convinced them of their error.

    Dr. Sachy writes:

    “I have vastly greater experience as a psychiatrist than I did in 2000, and I have access to better science pertaining to the issues in Mr. Hill’s case.”

    Dr. Harris furthers that statement, noting:

    

“We in the clinical community now better understand that persons with mild mental retardation are capable of such things as holding a job, working under close supervision, buying and driving a car, and so forth. It is precisely because significant deficits in cognition, judgment and impulse control can be masked by superficial functionality in cases of mild mental retardation that such persons may sometimes not be identified in court proceedings as being intellectually disabled. I believe this has happened in Mr. Hill’s case.”

    Warren Hill is scheduled to be executed on February 19, 2013. Hill’s only chance at survival will now come down to the US Supreme Court or the intervention of Georgia Governor Nathan Deal.

    A motion for a stay of execution and a petition of certiorari is pending with the US Supreme Court.

    Mr. Hill was found in 2002 to have an IQ of just 70. Based on his mental capacity, he now falls well within the guidelines for mental retardation.

    Judge John Allen of the Superior Court of Butts County, Georgia originally ruled that, despite the US Supreme Court’s ruling prohibiting the execution of the “mentally retarded” (now known as people with intellectual disability), Mr. Hill did not meet Georgia’s requirement “beyond a reasonable doubt” — the strictest state standard in the nation.

    With a 100 percent consensus of Warren Hill’s mental retardation now in place, various groups in opposition of the death penalty say his execution would be a true miscarriage of justice under the rulings of the Georgia Supreme Court.

    The Georgia Supreme Court has already intervened once in Mr. Hills execution. Warren’s execution date in July 2012 was delayed due to issues related to the state’s lethal injection protocol; however, on the same day, the court denied Mr. Hill’s petition on the mental retardation issues. On February 4, 2013, Georgia’s Supreme Court resolved the lethal injection issues and lifted the stay on Mr. Hill’s execution. The Georgia Board of Pardons and Parole previously denied clemency and has declined to give Mr. Hill another audience.

    In her dissent to the majority finding by the Georgia Supreme Court that the reasonable doubt standard was constitutional, Justice Leah Sears wrote:

    “Despite the federal ban on executing the mentally retarded, Georgia’s statute, and the majority decision upholding it, do not prohibit the state from executing mentally retarded people. To the contrary, the State may still execute people who are in all probability mentally retarded. The State may execute people who are more than likely mentally retarded. The State may even execute people who are almost certainly mentally retarded.”

    ^^^ The Inquisitr

    Read more at http://www.inquisitr.com/524027/warr...CRlM5Ggh57c.99
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  6. #76
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    Lawyer for Ga. death row inmate asks judge to reconsider case

    A lawyer for a man set to be executed next week has asked a state court judge to reconsider his client's case.

    Warren Lee Hill is set to be executed Tuesday. In a court filing Friday, Hill's lawyer asks a Butts County Superior Court judge to grant a writ of habeas corpus.

    The court denied a similar request in July before Hill's original execution date. The state Supreme Court temporarily stayed the execution then.

    As part of the filing Friday, Hill's lawyer submitted statements from the three doctors who originally examined him and testified for the state. All three doctors write that they've changed their opinion and believe Hill is mentally disabled.

    Georgia law prohibits the execution of the mentally disabled.

    Hill's lawyer is also seeking a new clemency hearing.

    http://www.therepublic.com/view/stor...-Death-Penalty
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  7. #77
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    Even so, the good doctors state that Hill suffers only "mild mental retardation" - not necessarily enough to trigger an Atkins violation.

  8. #78
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    Ga. death row inmates seek court order to block use of controlled substance in executions

    Three death row inmates in Georgia are seeking a court order that would prevent the state from using a drug to execute them without a doctor’s prescription.

    The inmates, two of whom are to be executed next week, asked a federal judge in Washington on Friday to direct the Drug Enforcement Administration to prevent the use of pentobarbital in lethal injections.

    The inmates, Warren Lee Hill, Andrew Allen Cook and Marcus Wellons, argue that the Georgia Department of Corrections’ use of the drug without a doctor’s prescription violates the federal Controlled Substances Act.

    Hill and Cook are scheduled to be executed next week. Wellons’ execution date has not been set.

    Hill and Cook were each sentenced to death for killings. Wellons was sentenced for raping and killing a teenager.

    http://www.washingtonpost.com/politi...e64_story.html
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  9. #79
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    Just when you think they have pulled every absurd argument possible out of their rectum they manage to find something even deeper........ what a joke. My argument against this would be simply that a actual prescription from a MD would never be written because an RX written to end life AGAINST A PERSON'S WILL is against the oath all MD's take. The "medication" used in an X isn't medicine.....it's to cause death authorized by the state's constitution and ordered by the court.

  10. #80
    When a murderer takes a persons life, their stealing the greatest possession a man will ever have. I doubt a murderer considers exactly what they're doing or the consequences for stealing a human life. I sometimes wonder if death row inmates nearing their execution date somehow acquire an appreciation of the value of human life. It's probably just their instinct to survive but I find it ironic that many fight "tooth & nail" to save their own life upon nearing their execution date. Anyhow; If Hill successfully pulls off this "mental retardation" scheme, we can expect every condemned prisoner to suddenly develop the same handicap. My opinion is that mental retardation claims are nothing more than a legal loophole the antis are exploiting to drive up the cost of capital punishment. The State of Georgia showed they've backbone when they resisted the political pressure exerted against them prior to the Troy Davis execution, they again need to resist allowing the lunatics to run the State from the asylum.

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