URGENT USA: Henrettelse utsatt grunnet psykisk utviklingshemming

Percy Walton, who was scheduled to be executed on 28 May, has been granted a stay of execution on evidence that he may have mental retardation. In June 2002, in Atkins v Virginia, the US Supreme Court ruled that the execution of people with mental retardation was unconstitutional.

A federal judge issued the stay on 25 May following an appeal based on evidence that Percy Walton had been assessed as having possible mental retardation. The state appealed to the higher US Court of Appeals to overturn the stay, and when that failed, it appealed to the US Supreme Court, which refused to overturn the stay.

The issue will now be heard by the federal judge who granted the original stay of execution. If the judge finds that Percy Walton is not protected by the Supreme Court's decision on the Atkins case, and if his finding is not overturned on appeal, Percy Walton could face a new execution date. In that event, it is possible that there may be a claim that Percy Walton, who has a serious mental illness, is legally insane and that it would therefore be unconstitutional to execute him. The US Supreme Court banned the execution of the insane in 1986.

No further action by the UA Network is requested at present. Many thanks to all who sent appeals.