The Texas-Size Struggle to Implement Atkins v. Virginia

Authors

Sarah Gail Tuthill

Publication Date

10-1-2007

Document Type

Comment

Abstract

This Comment will analyze the persisting area of divide that is responsible for delaying the Texas Legislature's implementation of Atkins. First, it will look at how the differing procedural approaches represent the larger political issues in the pro- and anti-death penalty debate surrounding the Texas Legislature's original pre-Atkins attempts to implement a ban on the execution of mentally retarded offenders. Additionally, it will provide a high-level overview of bills introduced since Atkins was decided, focusing on the most contentious issues that persisted from those attempts. It will also review how the Texas Court of Criminal Appeals has answered some of these issues in the interim. Finally, it will analyze how these various approaches compare to other states that have successfully conquered this issue and will look at how the Supreme Court is likely to determine growing state procedural challenges.

DOI

10.37419/TWLR.V14.I1.6

First Page

145

Last Page

166

Recommended Citation

Sarah G. Tuthill, The Texas-Size Struggle to Implement Atkins v. Virginia, 14 Tex. Wesleyan L. Rev. 145 (2007).
Available at: https://doi.org/10.37419/TWLR.V14.I1.6