Legal Opinion

United States v. Wilson

District Court, E.D. New York

Decided February 7, 2013No. 04-CR-1016 (NGG)PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM & ORDER

NICHOLAS G. GARAUFIS, District Judge.

The execution of those who are mentally retarded violates both the Federal Death Penalty Act and the Eighth Amendment. See 18 U.S.C. § 3596(c); Atkins v. Virginia, 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). Defendant Earl Ronell Wilson, a convicted murderer of two undercover police officers, claims that he is mentally retarded and therefore ineligible to receive the death penalty. For the reasons that follow, he is incorrect.

I. BACKGROUND1

In 2003, Wilson murdered two undercover NYPD detectives who were posing as gun…

2Cases cited35 opinions

  1. Atkins v. VirginiaSupreme Court of the United States · 2002
  2. Trop v. DullesSupreme Court of the United States · 1958
  3. Wachovia Bank, National Ass'n v. SchmidtSupreme Court of the United States · 2006
  4. Ex Parte BrisenoCourt of Criminal Appeals of Texas · 2004
  5. Hooks v. WorkmanCourt of Appeals for the Tenth Circuit · 2012

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3Cited by5 opinions

  1. United States v. WilliamsDistrict Court, D. Hawaii · 2014
  2. United States v. WilsonDistrict Court, E.D. New York · 2016
  3. United States v. SaladDistrict Court, E.D. Virginia · 2013
  4. United States v. WilsonCourt of Appeals for the Second Circuit · 2014
  5. United States v. SaladDistrict Court, E.D. Virginia · 2013

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