Posted: October 1, 2014
A county judge in Georgia denied relief for Warren Hill,
a death row inmate whose diagnosed intellectual disabilities have
failed to meet the state's narrow standard for exemption from the death
penalty. However, the judge encouraged the state Supreme Court to
consider whether a recent U.S. Supreme Court ruling, Hall v. Florida,
should require Georgia to modify its standard. Chief Judge Thomas
Wilson of Butts County said, "In light of the severity of the penalty in
this case, this Court hopes that, in reviewing [Mr. Hill’s] application
to appeal, the Georgia Supreme Court will fully consider any potential
application of Hall v. Florida to [his] case." In Hall v. Florida,
the Supreme Court directed Florida to broaden its interpretation of
intellectual disability. Florida refused to spare an inmate whose IQ was
just one point above their cutoff. Similarly, Georgia has the narrowest
standard of proof for intellectual disability in the entire country,
requiring defendants to prove their disability beyond a reasonable
doubt. Brian Kammer, an attorney for Hill, said,"Mr. Hill should not be
eligible for execution in a nation which does not execute persons with
intellectual disability, and he would not be eligible for execution in
any other jurisdiction in the nation."
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