Supreme Court of Alabama May 25, 2007, 1060427 (Ex parte State)

lead-opinion

STUART, Justice.

The issue in this ease is whether Jerry Jerome Smith is mentally retarded and thus ineligible for the death penalty. See Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding unconstitutional the execution of a mentally retarded offender).