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February 19, 2013 8:06 PM

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Federal appeals court halts mentally disabled Ga. man's execution

By: Crimesider Staff
Topics: Daily Blotter

Warren Lee Hill is scheduled to be executed Feb. 19

/ CBS Atlanta

Updated 7:57 PM ET

(CBS/AP) JACKSON, Ga. - A federal appeals court halted the execution Tuesday of a Georgia man who killed a fellow prisoner in 1990, granting a last-minute stay to the inmate who defense attorneys argued was mentally disabled.

The 11th U.S. Circuit Court of Appeals issued the ruling for Warren Lee Hill as corrections officials prepared his lethal injection for later in the evening.

Earlier, Hill said the state Board of Pardons and Paroles has denied him clemency. Hill was scheduled to die by lethal injection at 7 p.m. According to the New York Times, Hill has an IQ of 70.

"We are greatly relieved that the Eleventh Circuit Court of Appeals has stayed the execution of Warren Hill, a person with mental retardation. All the doctors who have examined Mr. Hill are unanimous in their diagnosis of mental retardation," defense attorney Brian Kammer said in an email.

Hill's lawyers argue that he is mentally disabled and therefore shouldn't be executed. The state maintains that the defense failed to meet its burden of proving beyond a reasonable doubt that Hill is mentally disabled.

In a split decision, the Supreme Court of Georgia on Tuesday denied a stay of execution for Hill.

Hill was serving a life sentence when he was convicted in the 1990 death of a fellow inmate.

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by annkor526 February 20, 2013 11:20 AM EST: An IQ of 70 may make him a borderline case, but I do believe he understands right from wrong. Also, he may have poor impulse control, also not an excuse for killing anyone! He was given the death penalty for a reason! And why, decisions were made to reverse the decision that he was competent to be put to death, and then not so, just seems more convenient than legal. 23 years of appeals! That just is overwhelming to me on any level! You have to wonder who is receiving justice here?; Reply to this comment


by Non-Political February 20, 2013 11:13 AM EST: So we save this person from death, what then? Give him a life sentence? Life in solitary or life amoung the prison population?
If you say solitary people would be up in arms complaining that we're violating his 8th amendment rights (not to mention the ultra-liberal aclu).
If you put him amoung that general population or amoung other prisoners in a more restricted environment he just might kill again. After all, he doesn't know right from wrong. Then what? Potential major lawsuit there because you didn't provide protection from a known danger.

So what's it going to be: solitary or a good possibility of him killing again?; Reply to this comment


by endpcnow February 20, 2013 11:07 AM EST: For all you kumbaya singing, flower waving, unicorn believing libs, if you think this POS didn't know what he was doing and the consequences for his actions, I have a couple of bridges I'll sell ya. Jeesh.; Reply to this comment

by BENJ0RD0N February 20, 2013 8:59 AM EST

This is precisely why we need to do away with the death penalty and replace it with life without the possibility of parole.

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by RCcheckitout February 20, 2013 11:35 AM EST: I say give them the option to be organ doners then they can give back some life they have taken. Then let God judge them.


by BCSBUDDY February 20, 2013 6:55 AM EST: Someone needs to explain to me how in the world a "stay" is given after 23 years of delaying the sentence?? This judicial system is so broke that no one cares about getting caught for anything. Minor crimes-community service, middle of the road crimes-probation, major crimes-sentenced but only serve about 1/3 of time, capital crimes-20 to 30 years of courtroom antics then life without parole. Our system is a joke and all of the criminals know it. We waste a lot of time and money on a worthless system. This guy should have been gone long ago. IQ of 70??? Who cares??? To his victim, his murderer's IQ is meaningless, he is still DEAD. If we don't want to punish people who are stupid, then we better let a whole lot of people out of jail today.; Reply to this comment

by audemus February 20, 2013 2:36 AM EST

"We kill people to teach people that it's wrong to kill people."

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by nclaw441 February 20, 2013 8:21 AM EST: That argument is specious. We also put people in prison who kidnap and imprison other people. Is that also a wrong lesson?

by ZunarJ59 February 19, 2013 11:45 PM EST

'Bout damn time. You don't hold someone accountable if they're not responsible. What a nation of blood thirsty ******* we're become.

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by netjunkie1 February 20, 2013 1:04 AM EST: This convicted murderer is criminally insane at the least keep in mind he has killed more than one man, society would be doing mankind a favor executing this man IQ low or not.


by antoniof123 February 20, 2013 6:25 AM EST: What purpose it should be study so we can stop this in the future.


by ZunarJ59 February 19, 2013 11:43 PM EST: 'Bout damn time. You don't hold someone accountable if they're not responsible. What a nation of blood thirsty ******* we're become.; Reply to this comment


by WiseAsOwl February 19, 2013 11:32 PM EST: Even if he had only killed one person, he probably should be executed.. BUT, he killed multiple people.. A fake IQ test shouldn't make a difference. Stopping the execution because of this is setting a real poor precedent. The only thing that should save him, or anybody, is if there is some evidence discovered that he might be innocent.; Reply to this comment


by taxed01 February 19, 2013 11:25 PM EST: Oh gee, he's nuts. That makes everything OK and the dead people will come back to life. Our supreme court is so smart.; Reply to this comment

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