Noel v. Norris

120 S.W.3d 599, 353 Ark. 915, 2003 Ark. LEXIS 726

Opinion

Ray Thornton, Justice,

dissenting. I would grant the petition for stay of execution to allow the determination of whether petitioner, Riley Noel, may legally be executed in light of the United States Supreme Court’s decision in Atkins v. Virginia, 356 U.S. 304 (2002), and the application of Ark. Code Ann. § 5-4-618(b) (Repl. 1997), which states: “No defendant with mental retardation at the time of committing capital murder shall be sentenced to death.”

Arnold, C.J., and Imber, J., join.