Zant v. Foster

Clarke, Chief Justice.

In 1987, Timothy Tyrone Foster was convicted and sentenced to death by a jury in Floyd County. We affirmed. Foster v. State, 258 Ga. 736 (374 SE2d 188) (1988) (cert. denied 109 SC 2110). Foster filed a petition for writ of habeas corpus in the superior court of Butts County, claiming, inter alia, that he is mentally retarded. According to the briefs filed in this case, the habeas court conducted a hearing on the retardation issue, determined that there was a “genuine issue” of retardation, and “remanded” the case to Floyd County for a jury trial on the issue of Foster’s…