Rogers v. State
Supreme Court of Georgia
1Opinion of the Court
HUNSTEIN, Presiding Justice.
James Randall Rogers was convicted of murder and sentenced to death in 1985. See Rogers v. State, 256 Ga. 139 (344 SE2d 644) (1986). Rogers thereafter sought habeas corpus relief alleging that he is mentally retarded. Pursuant to Fleming v. Zant, 259 Ga. 687 (4) (386 SE2d 339) (1989), see also Rogers v. State, 276 Ga. 67 (1) (575 SE2d 879) (2003), a jury determined in 2005 that Rogers is not mentally retarded. He appeals. Finding no reversible error, we affirm.
1. Rogers has the burden of proving that he is mentally retarded by a preponderance of the evidence.…
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