Jerry E. Russell, Sr. v. Indiana
SocialSecurity Punishment
Should the Eighth Amendment prohibition, against sentencing intellectually disabled individuals to death, announced in Atkins v. Virginia, 536 U.S. 304 (2002), be extended to prohibit sentences of LWOP for intellectually disabled individuals?
QUESTION PRESENTED FOR REVIEW In an appeal to the Indiana Supreme Court, Petitioner argued that the Eighth ! Amendment prohibition against sentencing intellectually disabled individuals to death, announced in Atkins y, Virginia, 536 U.S. 304 (2002), should be extended to prohibit sentences of life without possibility of parole (LWOP) for intellectually disabled individuals. The Indiana Supreme Court declined to address Petitioner’s Eighth Amendment claim but explicitly found that the claim was preserved, Should the Eighth Amendment prohibition, against sentencing intellectually disabled individuals to death, announced in Atkins v. Virginia, 536 U.S. 304 (2002), be extended to prohibit sentences of LWOP for intellectually disabled individuals? | i i 3 2