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| Court Asked to Dismiss N.C. Death Row Appeal |
| By Washington Post |
| Published: 08/20/2001 |
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Citing a new state law barring executions of mentally retarded prisoners, North Carolina's attorney general has asked the U.S. Supreme Court to dismiss an appeal that challenges the constitutionality of such executions. The move could delay one of the most significant and highly anticipated rulings on capital punishment since the restoration of the death penalty in 1976, legal experts said. The court ruled in 1989 that such executions were permissible under the Constitution, but announced in March that it would revisit the issue during its next term in the appeal of a North Carolina inmate, Ernest McCarver, who contends he is mentally retarded. North Carolina Gov. Michael F. Easley (D) signed a bill barring executions of convicted killers who fit the new law's definition of mental retardation. The law would apply retroactively to McCarver and others found to have IQs of less than 70 before they turned 18. State prosecutors say McCarver, 41, does not meet the new definition but contend that the new law allows him to seek a North Carolina judge's ruling on whether he is mentally retarded. In interviews, legal scholars said they would not be surprised if the high court agreed with North Carolina, even though written briefs already have been prepared in McCarver's case and oral arguments were likely to be heard in the fall. If the appeal is dismissed, the legal experts said, the court likely would start the briefing process anew with a similar case from another state. They said that could significantly delay a ruling on whether executing mentally retarded inmates violates the Eighth Amendment's ban on cruel and unusual punishment. It is unclear when the court will decide on North Carolina's argument. |
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