Criminal Court Makes Historic Decision

By Alabama Public Radio

Montgomery, AL – The state Court of Criminal Appeals made an historic decision Friday when it changed a death penalty verdict to life in prison without parole. The court ruled 55-year-old James Henry Borden Junior cannot be executed for murder because he has mental retardation. The appeals panel cited a 2002 U-S Supreme Court ruling against executing the mentally retarded. Friday's decision was unanimous and supported a recommendation from the attorney general's office that the verdict be changed. Other appeals courts have ordered hearings for other death row inmates who claim to have mental retardation.

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