For Johnny Paul Penry and other criminal defendants like him, Atkins v. Virginia presents a potential life-saving ruling and a statutory quandary — the blockbuster U.S. Supreme Court decision bans executions of the mentally retarded yet provides little guidance on how juries are to consider that issue.
The decision again puts Penry’s case at the forefront of Texas criminal law on the delicate issue of how juries should consider a defendant’s alleged mental retardation. Lawyers are debating how to handle Atkins issues in upcoming death penalty trials, and the Texas Legislature likely will reform capital murder laws in 2003 to conform with the decision.
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