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Florida Supreme Court stays man's execution over IQ test
Submitted by Special on Sat, 03/06/2010 - 10:18am.
TALLAHASSEE -- The Florida Supreme Court on Thursday stayed the execution of a Death Row inmate so a hearing can be held to determine the validity of a new standardized IQ test that could spare his life by showing he's mentally retarded.
The justices issued the 5-2 decision just hours after hearing oral argument.
A lawyer for the state had urged that murder convict David Johnston be executed on schedule Tuesday for stabbing and strangling 84-year-old Mary Hammond at her Orlando home in 1983.
Florida Assistant Attorney General Kenneth Nunnelley said the mental retardation issue was resolved in 2005 when an older edition of the test showed Johnston had an IQ of 84, which was consistent with several earlier scores. That's well above 70, which many experts consider the dividing line for determining retardation.
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