Thursday, November 29, 2007

Indiana Supreme Court death sentence case of mentally ill

Indiana’s Supreme Court Tuesday upheld that state’s death penalty for a mentally ill man convicted in 1997 of abduction, rape, and murder. (Article)(Opinion)

Citing Matheney v. State and Baird v. State, both 2005 cases, a majority of the justices disagreed that “a person who is mentally ill suffers from the same ‘diminished capacities’ as a person who is mentally retarded,” referencing Indiana Code § 35-36-2-5 and § 35-50-2-9(a), both just recently amended.

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