DocketNumber: CR03-762
Citation Numbers: 353 Ark. 915, 120 S.W.3d 599
Judges: Arnold, Imber, Thornton
Filed Date: 7/8/2003
Status: Precedential
Modified Date: 9/7/2022
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.”