Ga. to Hear Mental Retardation Death Appeal
Can a death row inmate waive his right to a jury trial on the issue of his mental capacity when the decision could possibly save his life?
The Georgia Supreme Court will tackle that question in oral arguments Monday.
"Lawyers for the inmate, James Randall Rogers, contend that he may not waive the trial because it is in the public interest to make sure that the government does not execute someone who is mentally retarded. The state's lawyers respond that Rogers made a knowing, voluntary and intelligent decision to waive the trial and that a judge -- after resolving that the inmate was not retarded -- may grant the waiver. "
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