Neal v. State
| Docket Number: | 2003-DR-01328-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-20-2004 Opinion Author: Cobb, P.J. Holding: SUCCESSIVE APPLICATION FOR LEAVE TO SEEK POST-CONVICTION RELIEF GRANTED IN PART AND DENIED IN PART |
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| Additional Case Information: |
Topic: Death penalty post-conviction relief - Mental retardation Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: PCR Nature of the Case: CIVIL - DEATH PENALTY - POST CONVICTION |
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| Trial Court: |
Date of Trial Judgment: 02-04-1982 Appealed from: Lawrence County Circuit Court Judge: R. I. Prichard, III Disposition: Convicted of capital murder and sentenced to death. District Attorney: Phillip Singley Case Number: 3094-S |
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| Note: | Successive Application for Leave to Seek Post-Conviction Relief filed by Counsel for Appellant is Granted in Part and Denied in Part. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Howard Monteville Neal |
JAMES W. CRAIG |
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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: | Howard Neal was convicted and sentenced to death. He now brings a successive application for leave to file a motion for post-conviction relief in the trial court on the issue of his mental retardation. |
| Summary of Opinion Analysis: | Neal argues that his death sentence should be vacated because he meets all three of the criteria used in all tests for mental retardation cited by the U.S. Supreme Court in Atkins v. Virginia, 536 U.S. 304 (2002). Atkins and the new standards set forth in Chase v. State, No. 2003-DR-01355-SCT (Miss. 2004), require Neal be granted leave to present the issue of his mental retardation to the trial court. |
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