Legal Opinion

United States v. Hardy

District Court, E.D. Louisiana

Decided April 10, 2008No. Criminal Action 94-381PublishedCited by 2 opinions

1Opinion of the Court

ORDER AND REASONS

HELEN G. BERRIGAN, District Judge.

On February 29, 2008, defendant Paul Hardy (“Hardy”) filed a notice under Federal Rule of Criminal Procedure 12.2(b), alleging that he is mentally retarded and thereby exempt from capital punishment under 18 U.S.C. § 3596(c) and Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). Rec. Doc. 1769. He requests a pretrial determination of his mental retardation, using the definition established by the American Association on Mental Retardation (AAMR), and also seeks certain limitations on the government expert examination,…

2Cases cited20 opinions

  1. Lockett v. OhioSupreme Court of the United States · 1978
  2. Ring v. ArizonaSupreme Court of the United States · 2002
  3. Eddings v. OklahomaSupreme Court of the United States · 1982
  4. Atkins v. VirginiaSupreme Court of the United States · 2002
  5. Woodson v. North CarolinaSupreme Court of the United States · 1976

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3Cited by2 opinions

  1. United States v. DavisDistrict Court, D. Maryland · 2009
  2. United States v. WilsonDistrict Court, E.D. New York · 2012

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