Legal Opinion
United States v. Sablan
District Court, D. Colorado
Decided November 3, 2006No. 1:00-cr-00531PublishedCited by 6 opinions
1Opinion of the Court
ORDER
DANIEL, District Judge.
THIS MATTER is before the Courtin order to determine certain issues. First, should the Court or jury resolve the claim that the Defendant is mentally retarded, and when should that claim be decided? Second, what burden of proof should the Defendant bear in order to show he is mentally retarded? Oral argument oc curred on December 8, 2005, and the parties have filed legal authority related to these issues. As explained more fully below, I conclude the Court should determine whether the Defendant is mentally retarded before trial, and that the Defendant bears the…
2Cases cited20 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Ring v. ArizonaSupreme Court of the United States · 2002
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Ford v. WainwrightSupreme Court of the United States · 1986
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3Cited by6 opinions
- United States v. DavisDistrict Court, D. Maryland · 2009
- United States v. Candelario-SantanaDistrict Court, D. Puerto Rico · 2013
- United States v. WilliamsDistrict Court, D. Hawaii · 2014
- United States v. HardyDistrict Court, E.D. Louisiana · 2008
- United States v. Jiménez-BencevíDistrict Court, D. Puerto Rico · 2013
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