Many conservative law enforcement officials predicted that the Supreme Court ruling in Atkins v. Virginia declaring the execution of the mentally retarded unconstituional would unleash a flood of appeals from death row inmates.

At least in Texas, it hasn't happened. Only one inmate has filed for relief so far under the new decision.

"Texas is one of 20 states that, until the Supreme Court decision, allowed execution of the mentally retarded. The Death Penalty Information Center claims Texas has executed at least six mentally retarded inmates since 1982, a number disputed by death penalty proponents."

What does it take to prove mental retardation? According to the American Association of Mental Retardation, there are three factors: below average intellectual functioning, usually an IQ of 70 or below; poor adaptive skills, such as inability to hold a job or communicate with others; and the onset of symptoms before age 18.