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Judge Issues Last-Minute Stay of Execution for Mentally Disabled Prisoner in Georgia

HeadlineJul 16, 2013

A judge in Fulton County, Georgia, has issued a last-minute stay of execution for a man diagnosed as mentally disabled. Warren Hill was due to be executed Monday night, but a judge intervened hours beforehand in response to a legal challenge related to a Georgia law that makes the suppliers of the lethal injection drug pentobarbital a “state secret.” Under the law, “Mr. Hill is left with no means for determining whether the drugs for his lethal injection are safe and will reliably perform their function,” his lawyers argued. Hill was sentenced to death for killing a fellow prisoner while serving a life sentence for murdering his girlfriend. All medical experts who have examined him now agree he meets the definition of mental retardation; three who initially disagreed have since recanted. Hill’s lawyers have asked the U.S. Supreme Court to intervene, saying Hill’s execution would violate its 2002 decision banning the execution of prisoners deemed mentally retarded. Hill’s execution could still go forward this week pending the outcome of a court hearing set for Thursday.

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