Building on the United States Supreme Court's reliance on prevailing clinical standards for intellectual disability in Hall v. Florida, Moore v. Texas was a significant step forward for those litigating Atkins claims. This seminar will discuss the implications of Moore in dealing with arguments frequently raised by the prosecution or concerns articulated by courts during Atkins litigation. The session will conclude by using Commonwealth v. VanDivner as a case study examination of how the Pennsylvania Supreme Court just months ago applied Moore, Hall, and Atkins.
Recorded during the 2018 Criminal Law Symposium in June 2018.The credits offered by this course count toward the CLE requirement of Criminal Procedure Rule 801, for appointment as defense counsel in a capital case.
IMPORTANT NOTE: The CLE Board indicates that you can earn all 18 of your capital case credits by distance education. However, for the general Pennsylvania CLE requirement of 12 credits per compliance year, only 6 can be earned by distance education per compliance year.