NM Permits Defendant to Assert at Pretrial Hearing That Mental Retardation Precludes Death Penalty; If Not Established at This Hearing, Defendant Can Introduce Related Evidence During Sentencing Phase

State v. Flores, 93 P.3d 1264 (2004)

State courts continue to wrestle with the implementation of the U.S. Supreme Court's ruling in Atkins v. Virginia, 536 U.S. 304 (2002), which established that a mentally retarded defendant cannot receive the death penalty under the Constitution....

Found in DMHL Volume 24 Issue 1