stating that if the pretrial hearing results in a finding of no intellectual disability, “[t]he issue of mental retardation shall not be relitigated at the capital first degree murder trial”
How later courts described this case
- stating that if the pretrial hearing results in a finding of no intellectual disability, “[t]he issue of mental retardation shall not be relitigated at the capital first degree murder trial”
- directing jury trial on issue of mental retardation to be conducted pursuant to *490 dictates of Okla. Const. art. II, § 19
- directing jury trial on issue of mental retardation to be conducted pursuant to dictates of Okla. Const. art. II, § 19
- discussing procedure for resolving Atkins defense
Written by the judges who cited it.
The opinion
LEWIS, Judge,
Specially concurs.
¶ 1 I concur with the result; however the state should not lose its option of seeking the bill of particulars if the jury cannot agree on a verdict in the mental retardation trial. I would require that another jury be impaneled on this issue.