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MARCH 27, 2001

The Supreme Court on Monday agreed to decide if executing mentally handicapped persons is Constitutional.

Ernest McCarver is on death row in North Carolina. He was set to die this month before the Supreme Court intervened and agreed to take his case and yis lawyers say he is mentally retarded.

The Court will decide if his execution would violate a Constitutional ban on "cruel and unusual" punishment.

The Court today will hear a similar case. Johnny Paul Penry is on death row in Texas for murdering a woman. His lawyers say he has the mental capacity of a 7-year-old but that jurors weren't allowed to weigh this factor.

McCarver's case is McCarver. v North Carolina.

Get Penry's Case:
PENRY v JOHNSON (5th Circuit No. 9920868CV0 7/12/2000)

Get the Story:
High Court To Review Executing Retarded (The Washington Post 3/27)
Supreme court to decide if executing mentally handicapped still legal (AP 3/27)