Mental Retardation Claims in Capital Cases

	Sample Motions
	•	Motion for Jury Determination on the Issue of Mental Retardation
	•	Motion to Reject the Ohio Supreme Court's Above Seventy I.Q. Presumption
	•	Motion for Funding Necessary to Retain a Mental-Retardation Expert
	•	Petition to Vacate Death Sentence Pursuant to Atkins v. Virginia, 122 S.Ct. 2242 (2002) State v. Lott, 91 Ohio State 3d 303 (2002), and Ohio Revised Code Section 2953.21
	•	Defendant's Motion to Eliminate the Death Penalty as a Sentencing Option Due to his Status as a Person with Mental Retardation
	•	Motion in Limine to Prohibit Reference to or Reliance Upon the Facts of the Underlying Crime During the Adjudication of the Mental-Retardation Claim
	•	Motion for the Appointment of Post Conviction Counsel
	•	Petitioner's Motion for Stay of Execution Pending Adjudication of Mental-Retardation Claim

		State v. Lott
	•	Brief of the Arc of Ohio, Advocacy and Protective Services, Cerebral Palsy Association of Ohio, Ohio Association of County Boards of Mental Retardation and Developmental Disabilities, the Developmental Disabilities Planning Council and Ohio Legal Rights Services as Amici Curiae Supporting Neither Party
	•	December 11, 2002, Decision