There is man named Robert Campbell on Texas’ death row, who is scheduled for execution this upcoming Monday. He was convicted of an especially heinous 1991 robbery-rape-murder, for which he was given Texas’ ultimate penalty: death. Campbell has argued a number of objections since that time, explaining in part why he was languished on death row nearly in a state of limbo for so long. Namely, he has contended that he received inadequate counsel at trial. Anecdotally, his new attorneys point to the fact that his original defender was from Conroe, not Houston (where his trial took place), and only provided rudimentary petitions and appeals, stuff that could basically just be copied off the internet.
However, while litigating this issue, another can of worms, so to speak, arose. Campbell’s IQ, according to a recent test, is 69, far below the threshold for mental retardation. In the 2002 case of Atkins v. Virginia, the US Supreme Court ruled that those who have been explicitly defined by their state of mentally retarded. The intellectual handicaps are to be treated like youth or any other mitigating factor, in that it does not serve as evidence of being unable to comprehend the difference between right and wrong, but serve as a rationale to not levy the full punishment. The problem with this is that States can define mental retardation any way they so choose. Enter Campbell: with an IQ of 69. The problem is that the State contends this is not tantamount to the needed intellectual handicap for clemency.