Summary
The Supreme Court of Georgia held that a defendant tried for a capital crime before July 1, 1988, could not waive a Fleming hearing on mental retardation once sufficient credible evidence created a jury issue. The court reversed and remanded because the trial court improperly accepted Rogers’s waiver and failed to conduct the required jury trial. Justice Carley dissented, concluding that Rogers knowingly and voluntarily waived the jury trial.
Holdings
- Once a habeas corpus court finds that a petitioner has presented sufficient credible evidence of mental retardation to create an issue for a jury, the petitioner may not waive the required Fleming jury trial.
Questions Presented
- Whether a defendant tried for a capital crime before July 1, 1988 may waive a Fleming jury trial after a habeas court has found sufficient credible evidence of mental retardation to create a genuine issue for a jury.
- Whether the trial court could resolve the mental-retardation issue by accepting the waiver and finding that Rogers was not mentally retarded.
Disposition
reversed_and_remanded
Cases Cited (7)
- Fleming v. Zant, 259 Ga. 687, 386 S.E.2d 339 (1989)(followed and applied)
- Atkins v. Virginia, 536 U.S. 304, 122 S. Ct. 2242, 153 L. Ed. 2d 335 (2002)(followed)
- Rogers v. State, 256 Ga. 139, 344 S.E.2d 644 (1986)(prior history)
- Burgess v. State, 264 Ga. 777, 790(36), 450 S.E.2d 680 (1994)(applied by dissent)
- Zant v. Foster, 261 Ga. 450, 451(3), 406 S.E.2d 74 (1991)(distinguished by dissent)
- State v. Patillo, 262 Ga. 259, 261 n.1, 417 S.E.2d 139 (1992)(cited as subsequent treatment)
- Devier v. State, 250 Ga. 652(1), 300 S.E.2d 490 (1983)(prior history)
Cited In (0)
No citing cases on record yet.
Court Document
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