Mississippi v. Russell

A jury sentenced Willie Russell to death for murdering a correctional officer. Russell later claimed he was intellectually disabled and thus could not be executed under Atkins v.Virginia, 536 U.S. 304 (2002). In 2014, the trial court set an Atkins hearing to determine if Russell was intellectually disabled. Prior to the hearing, the State moved to assess Russell based on his claimed intellectual disability. But Russell was opposed to the State’s expert conducting an Atkins evaluation. Years earlier, in 2006, Russell had undergone psychological testing ordered in a separate aggravated-assault case. But that testing was for his competency to stand trial - not assessing intellectual disability. Although the State had initially proposed that the 2006 assessment cover both issues, Russell’s attorney also objected back then to the State evaluating Russell’s Atkins claim in that proceeding. So Russell was never evaluated on the specific criteria for intellectual disability under Atkins. At the end of the hearing, at which Russell’s expert testified - the trial court ruled that Russell was intellectually disabled under Atkins and vacated his death sentence. The State appealed. After review, the Mississippi Supreme Court reversed the trial court: "While Atkins determinations are legal decisions, they are decisions that must be informed by medical experts. And here, we find the trial judge abused her discretion by denying the State’s well-supported motion to evaluate Russell prior to the Atkins hearing." View "Mississippi v. Russell" on Justia Law