- Associated Press - Wednesday, October 1, 2014

ATLANTA (AP) - A judge has denied a Georgia death row inmate’s latest challenge to the state’s requirement for defendants to prove intellectual disability beyond a reasonable doubt to be spared from execution.

Towaliga Circuit Judge Thomas Wilson on Monday dismissed the petition filed by a lawyer for Warren Lee Hill.

Hill’s lawyer had argued that a U.S. Supreme Court ruling in May bolsters his arguments against Georgia’s toughest in the nation “beyond a reasonable doubt” standard.

The high court in 2002 barred execution of the intellectually disabled, but left to the states the determination of who is intellectually disabled.

Wilson said he was procedurally barred from considering the new challenge but said he hopes the Georgia Supreme Court will consider the new argument.

Hill’s lawyer said he would appeal the order.

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