According to his most recent test, Marvin Wilson has an IQ of 61 (most states bar executions for those with IQs at 70 or below). That puts him below the first percentile of human intelligence, and he’s in an even lower percentile for adaptive functioning. Despite the US Supreme Court’s ten-year old ban on executing the “mentally retarded” (Atkins v. Virginia), Marvin Wilson faces execution in Texas on August 7.
In Georgia, the case of Warren Hill recently exposed that state’s uniquely strict requirement that “mental retardation” be proven “beyond a reasonable doubt” before an execution can be declared unconstitutional.
Texas uses a more reasonable “preponderance of the evidence” standard of proof. But the Lone Star State has found another way to keep killing the intellectually disabled. SEE THE REST OF THIS POST