Conner v. State
| Docket Number: | 2003-DR-01337-SCT Linked Case(s): 2003-DR-01337-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 10-07-2004 Opinion Author: Dickinson, J. Holding: LEAVE TO SEEK POST-CONVICTION RELIEF, GRANTED |
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| Additional Case Information: |
Topic: Death penalty post-conviction relief - Mental retardation Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., and Carlson, J. Non Participating Judge(s): Diaz, Graves and Randolph, JJ. Dissenting Author : Easley, J. Procedural History: Jury Trial Nature of the Case: CIVIL - DEATH PENALTY - POST CONVICTION |
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| Trial Court: |
Date of Trial Judgment: 07-27-1990 Appealed from: Lauderdale County Circuit Court Judge: Robert Bailey Disposition: Convicted of capital murder and sentenced to death. Case Number: 13490 |
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| Note: | The motion for rehearing filed by Ronnie Lee Conner is granted. The original opinion is withdrawn, and this opinion is substituted therefor. Leave to Seek Post-Conviction Relief, Granted. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Ronnie Lee Conner |
CYNTHIA A. STEWART |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: MARVIN L. WHITE, JR. |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Death penalty post-conviction relief - Mental retardation |
| Summary of the Facts: | The motion for rehearing is granted, and this opinion is substituted for the original opinion. Ronnie Conner's capital murder conviction was affirmed on direct appeal. His application for post-conviction relief was denied. Conner has now filed a successive application to seek leave to file motion to vacate death sentence, claiming that he is mentally retarded. |
| Summary of Opinion Analysis: | Conner can obtain a hearing on his claim only by presenting an affidavit from an expert which states, to a reasonable degree of probability/certainty, that Conner has an IQ of 75 or below and that, in the expert's opinion, there is a reasonable basis to believe that – upon further testing – he will be found mentally retarded. Conner has provided such an affidavit from Dr. Mark Zimmerman, who opined to a reasonable degree of medical certainty, based on his review of medical and psychiatric records and his examination of Conner, that Conner has a combined IQ of 65, and that he has a reasonable basis to believe that upon further testing, Conner will be found to be mentally retarded. Therefore, Conner is constitutionally entitled to a hearing before the trial court to determine whether he is mentally retarded. |
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