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USA (Mississippi): Death penalty / Legal concern: Earl Wesley Berry (m)

, Index number: AMR 51/040/2008

Earl Berry is scheduled to be executed in Mississippi on 21 May 2008. He was sentenced to death for the murder of Mary Bounds in 1987. His lawyers have provided the courts with evidence that he has mental retardation which, if the case, would render his execution unconstitutional. However because his former lawyers had failed to file the requisite expert evidence in timely fashion, he has not had an evidentiary hearing on this claim and has been held to be barred on procedural grounds from such judicial review.

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