The Jackson standard is inapposite to the petitioner's Atkins claim, where the challenged finding is the absence of mental retardation, and not a substantive element of the offense to which Jackson applies by its own terms, or an aggravating circumstance, sentencing factor, or special issue in the context of capital proceedings, to which Jackson has since been applied.
August 29, 2005 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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