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Head v. Ferrell

Defendant failed to proved that he was mentally retarded where his IQ tests registered 80 and 76 prior to his eighteenth birthday, his own expert concluded that he had an I.Q. of 87 and he scored a 93 on a prison intelligence test.

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In 1988, Eric Lynn Ferrell was found guilty of murdering his seventy-two-year-old grandmother and his fifteen-year-old cousin and was sentenced to death for each of those murders. He was also found guilty of armed robbery and possession of a firearm by a convicted felon. This Court unanimously affirmed his convictions and sentences in 1991. Ferrell v. State, 261 Ga. 115 401 SE2d 741 1991. Ferrell filed a petition for writ of habeas corpus on July 19, 1995, and an evidentiary hearing was held on July 13, 1999. The habeas court vacated Ferrell’s convictions and sentences in an order filed on February 8, 2001. The warden appeals in Case No. S01A0840, and Ferrell cross-appeals in Case No. S01X0842.

I. Factual Background

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