Parra v. Building Erection Services

In 2001, the state of Missouri by statute determined that death is not a suitable punishment for a mentally retarded criminal. Section 565.030. That section was made applicable only to offenses occurring after August 28, 2001. Id. The following year the Supreme Court of the United States agreed that under the Eighth Amendment to the Constitution death is not a suitable punishment for a mentally retarded criminal. Atkins v. Virginia, 536 U.S. 304, 321 (2002). This Court determined that Atkins required that all offenders subject to execution who can articulate specific facts showing mental retardation within the definition contained in section 565.030 be given the benefit of that decision. Johnson v. State, 102 S.W.3d 535, 540 (Mo. banc 2003).