I urge interested readers to read the concurring opinion of Judge Wiener (starting on page 6) who states (emphasis added by ICDP blogmaster):
I write separately to emphasize the absurdity of its Kafkaesque result: Because Webster seeks to demonstrate only that he is constitutionally ineligible for the death penalty — and not that he is factually innocent of the crime — we must sanction his execution.Speechless.
If the evidence that Webster attempts to introduce here were ever presented to a judge or jury for consideration on the merits, it is virtually guaranteed that he would be found to be mentally retarded.
I continue to harbor a deep and unsettling conviction that, albeit under Congress’s instruction which ties our judicial hands so illogically, we today have no choice but to condone just such an unconstitutional punishment.
Should this be the case that requires SCOTUS to revisit the can-of-worms left in the wake pf SCOTUS's lack of specificity in Atkins? Should this case not be appealed to SCOTUS?