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Pursuant to Rule 37.2(b) of the Rules of this Court, The Arc of the United States, el al., move the Court for leave to file a Brief Amici Curiae in support of the petition in the above-entitled case. Counsel for Petitioner has granted his consent to the filing of this brief. Counsel for Respondent, however, has notified counsel for amici that Respondent does not consent.

Amici include national and state professional and voluntary associations concerned with criminA1 proceedings affecting people with mental disabilities. Amici thus have expertise concerning criminal defendants with mental disabilities and the impediments to fair judicial processes which will result if those defendants are required to prove their mental retardation beyond a reasonable doubt.

Amici wish to offer the Court relevant information on the historical development of the beyond a reasonable doubt standard, and why it cannot be applied to a defendant's effort to invoke the constitutional protection of Atkins v. Virginia, 536 U.S. 304 (2002). Amici also wish to present information on contemporary practices and standards when the State imposes a burden of persuasion on defendants with mental retardation who may face execution.

Amici believe that the Georgia statute, providing that crimi1:!a1 defendants must prove their mental retardation beyond a reasonable doubt to invoke the protections of Atkins, impermissibly obstructs the fair adjudication of such constitutional claims.

For the above-stated reasons, we respectfully urge the Court to grant this motion for leave to file the accompanying brief in the present case in support of the petition for certiorari.

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Supreme Court of the United States


No. 03-1392

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