Hamm v. Smith · ¶79

Atkins arose out of another robbery and murder. Daryl Atkins and a friend abducted and robbed a United States airman named Eric Nesbitt. 536 U. S., at 307; id., at 338 (Scalia, J., dissenting). After abducting and robbing him, Atkins shot Nesbitt eight times, killing him. Id., at 307 (majority opinion). The jury found Atkins guilty of capital murder. At the penalty phase, the jury heard “extensive evidence” of Atkins's “alleged mental retardation,” including testimony from a psychologist that Atkins “was `mildly mentally retarded' ” with an “IQ of 59,” and testimony from another psychologist who concluded that Atkins was “of `average intelligence, at least.' ” Id., at 308–309; id., at 338–339 (Scalia, J., dissenting). The jury also learned that Atkins had “16 prior felony convictions for robbery, attempted robbery, abduction, use of a frearm, and maiming.” Id., at 339. Atkins had…

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