Noel v. Norris

8 July 2003

CR03-762                                                                                                                                                  120 S.W.3d 599

RILEY DOBI NOEL,

PETITIONER

VS.

LARRY NORRIS, DIRECTOR OF

ARKANSAS DEPARTMENT OF

CORRECTION,

RESPONDENT

Ray Thornton, Justice, dissenting. I would grant the petition for stay of execution to allow the determination of whether petitioner, Riley Noel, may legally be executed in light of the United States Supreme Court's decision in Atkins v. Virginia, 356 U.S. 304 (2002), and the application of Ark. Code Ann. § 5-4-618 (b) (Repl. 1997), which states: "No defendant with mental retardation at the time of committing capital murder shall be sentenced to death."

Arnold, C.J., and Imber, J., join.