Death Penalty to a Borderline Mentally Retarded Person in Florida

In Jones v. State, 705 So. 2d 1364, 1366 (Fla. 1998), the trial court rejected mitigating evidence that the defendant had organic brain damage and was border line mentally retarded and imposed a sentence of death. The Court, on appeal, reversed the defendant's death sentence and remanded for the imposition of a life sentence, stating "our review of the record reveals copious unrebutted mitigation," including evidence that the defendant was "borderline" mentally retarded based upon the defendant's IQ of 76, and the fact that the defendant was placed in special education classes, had first-grade reading ability, and had learning disabilities.