describing robbery as general-intent crime
How later courts described this case
- describing robbery as general-intent crime
Written by the judges who cited it.
The opinion
STRUBHAR, Presiding Judge:
Dissents.
¶ 1 I dissent. I cannot vote to uphold the sentencing of death without first addressing the issue of the constitutionality of executing a mentally retarded person.
¶ 2 This Court should recognize there is a growing list of states that prohibit the executions of mentally retarded pex-sons and that Oklahoma, now presented with this issue, should address this proposition.
¶ 3 The Opinion issued by the majority states that this is an issue only for the legislature. I believe otherwise and am concerned that we failed to address the issue in this case.