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STATE v. JIMENEZ

924 A.2d 513 (2007)

191 N.J. 453

STATE of New Jersey, Plaintiff-Respondent, v. Porfirio JIMENEZ, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 18, 2007.

Attorney(s) appearing for the Case

Stephen W. Kirsch, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. Kirsch, Joseph E. Krakora, Assistant Public Defender and Susan Remis Silver, Deputy Public Defender, on the briefs).

John K. McNamara, Jr., Assistant Prosecutor, argued the cause for respondent (Michael M. Rubbinaccio, Morris County Prosecutor, attorney).

Paul H. Heinzel, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Stuart Rabner, Attorney General, attorney).

PER CURIAM.

We granted defendant's motion to clarify our opinion in State v. Jimenez, 188 N.J. 390, 908 A.2d 181 (2006) (Jimenez II), in which we adopted a framework for adjudicating Atkins1 claims. We held that defendant had the burden of proving mental retardation by a preponderance of the evidence to the jury at a hearing after the guilt...

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