The federal supreme court found that retarded Defendants cannot be killed by the government. But that doesn't mean that the Defendant in the case involved won't be killed:
The justices returned the case to the Virginia Supreme Court, which found Friday that ``Atkins claim of mental retardation is not frivolous.''This means that a jury will decide if someone with a 59 IQ is retarded.
The trial court ``shall empanel a new jury for the sole purpose of making a determination of mental retardation,'' the court said.
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