At 10:30 the Miss. Supreme Court will hear the death penalty case of Anthony Carr v. State
Carr’s case was remanded for an Atkins hearing to determine whether his alleged mental retardation was such as to render him ineligible for the death penalty. Carr is on death row for participating with co-defendant Robert Simon in the 1990 murders of the Parker family in rural Quitman County.
Carr’s statement of issues:
I. One psychologist at Mr. Carr’s Atkins hearing testified that Mr. Carr has mental retardation. The other psychologist stated that he could not form an opinion. Will the circuit court’s holding that the outcome of the hearing was a tie and that, because of the burden of proof, the State must prevail, result in an unacceptable risk of executing a person with mental retardation in violation of Atkins v. Virginia and Chase v. State?
II. One psychologist testified that Mr. Carr has mental retardation, while the other testified that he could not form an opinion. The circuit court relied on the opinion of an elementary-school teacher who said that Mr. Carr was not mentally retarded. Did the circuit court, relying on evidence from a layperson who was not qualified to diagnose mental retardation, err in holding that Mr. Carr does not have that disability?
The State’s brief
Carr’s reply brief
Watch the argument here