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FLEMING v. ZANT

S89A0241.

259 Ga. 687 (1989)

386 S.E.2d 339

FLEMING v. ZANT.

Supreme Court of Georgia.

Reconsideration Denied December 20, 1989.

Attorney(s) appearing for the Case

Paul, Hastings, Janofsky & Walker, Kenneth Shapiro, Mark E. Olive, Gary A. Alexion, Benna Kushlefsky, for appellant.

Michael J. Bowers, Attorney General, Mary Beth Westmoreland, Senior Assistant Attorney General, for appellee.

Bondurant, Mixon & Elmore, Emmet J. Bondurant, amicus curiae.

CLARKE, Presiding Justice.

We granted this appeal from the denial of a petition for habeas corpus in order to consider the impact of the 1988 amendment to OCGA § 17-7-131 on the validity of Son Fleming's death sentence.1 For the reasons that follow, we conclude that the new statute reflects a societal consensus against the execution of mentally retarded defendants. Executing a mentally retarded defendant would therefore constitute...

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