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Court upholds killer's mental retardation claim

ATLANTA (AP) - A federal appeals panel has upheld a ruling that
a mentally retarded man convicted of a triple killing in Alabama 23
years ago cannot be put to death.

Glenn Holladay of Gadsden had escaped from the Cherokee County
Jail when he killed his ex-wife, her boyfriend and a 16-year-old
neighbor at an Etowah County trailer home in 1986.

U.S. District Judge Robert Propst ruled in 1986 that Holladay's
IQ score of 64, averaged from 10 tests, met Alabama's standard for
mental retardation of 70 or below.

The state appealed.

The decision by the 11th U.S. Circuit Court of Appeals panel on
Friday upholding Propst's ruling continues a stay of execution,
should Alabama carry its appeal further to the U.S. Supreme Court.


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