LOUISVILLE, Ky. (AP) - A federal appeals court has ruled that a
Kentucky Death Row inmate can challenge how the state enforces its
ban on executing the mentally retarded.
The U.S. Sixth Circuit Court of Appeals ruled 2-1, Friday, that
Thomas Clyde Bowling's claim that Kentucky's procedures violate due
process can go forward. The court also said Bowling could raise the
issue of whether a mental retardation claim can ever be filed too
late for consideration.
Bowling faces execution for the 1990 slayings of Lexington
residents Eddie and Tina Earley. He initially asked U.S. District
Judge Karen Coffman to determine whether he was mentally retarded
in December 2005.
(Copyright 2007 by The Associated Press. All Rights Reserved.)