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Georgia to Review Death Penalty Provision: Georgia, the first state to pass a law prohibiting the execution of mentally retarded death row inmates, is revisiting a requirement for defendants to prove their retardation beyond a reasonable doubt.  Kate Brumback of the Associate Press reports that while some states have a lower threshold for proving a mental retardation, others don't have any standards set.  Roch Golick, chairman of the House Judiciary Non-Civil Committee, affirms that a meeting concerning the issue, which is scheduled for Thursday and seeking input from the public, does not mean that the law will be changed nor that the state is moving towards abolishing the death penalty.

San Joaquin County Blames State for Early Release of Parole Violators: In San Joaquin County, dozens of parole violators are being released from jail early due to a dramatic change in California's parole revocation process.  Jennie Rodriguez-Moore of the Record reports that county officials are demanding that state parole agents process the necessary paperwork in 48 hours, which is not "physically possible" according to a Dept. of Corrections spokesman.  This has left parole departments unable to produce petitions in time for parolees' court hearings.  AB109, better known as Realignment, is playing a significant role in these parole revocation decisions because the jail population has been limited by a court order, leaving the county with no choice but to prioritize their cases and release parole violators.

High Court to Hear Murderer's Retardation Claim
: The Supreme Court justices will review a Florida Supreme Court ruling that upheld the death sentence for a man who scored just above the state's cutoff for mental retardation as measured by IQ tests.  Mark Sherman of the Associated Press reports that Florida law prohibits anyone with an IQ score of 70 or higher from being classified as mentally retarded, and thus ineligible for the death penalty.  The defendant in this case, Freddie Lee Hall, scored between 71 and 80 on three IQ tests.  Though Hall's sentence was upheld, it is acknowledged that there is no national consensus on how to determine mental retardation.  The high court will hear the case early next year.

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