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TURPIN v. HILL

No. S97A1496.

498 S.E.2d 52 (1998)

269 Ga. 302

TURPIN v. HILL.

Supreme Court of Georgia.

Reconsideration Denied April 2, 1998.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Susan V. Boleyn, Senior Asst. Atty. Gen., Department of Law, Atlanta, for Tony Turpin, Warden.

Stephen Christopher Bayliss, Atlanta, for Warren Hill.

Daniel J. Porter, Dist. Atty., Gwinnett Circuit, Peter J. Skandalakis, Dist. Atty., Coweta Circuit, Kermit N. McManus, Dist. Atty., Conasauga Circuit, Alvin G. Hollingshed, amici curiae.

HUNSTEIN, Justice.

Warren Lee Hill, Jr. was sentenced to death in 1991 for the 1990 murder of a fellow prison inmate. Although Hill was tried three years after the effective date of OCGA § 17-7-131(c)(3) and (j), which authorizes a verdict of guilty but mentally retarded and bars the execution of those found to be mentally retarded, no issue was raised by Hill regarding any alleged mental retardation at trial or on appeal. His conviction was affirmed by this...

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