NEWS (3/​12/​20): The Arkansas Supreme Court ruled on March 12, 2020 that death-row pris­on­er Jerry Lard, who lawyers say is intel­lec­tu­al­ly dis­abled, may waive his post-conviction appeals.

Lard’s ini­tial post-con­vic­tion lawyer was per­mit­ted to with­draw from the case cit­ing irrepara­ble harm” to the attor­ney-client rela­tion­ship after he had pre­sent­ed evi­dence that Lard was intel­lec­tu­al­ly dis­abled. The court appoint­ed new coun­sel to rep­re­sent Lard, who then asked the tri­al court to with­draw his appeals. The tri­al court grant­ed the motion to waive the appeals and the appeals court affirmed that ruling.

However, the court not­ed that a per­son who has intel­lec­tu­al dis­abil­i­ty may not be exe­cut­ed, but declined to rule on Lard’s intel­lec­tu­al dis­abil­i­ty claim, say­ing it is not ripe in the absence of an execution date.

Sources

Read the Arkansas Supreme Court’s deci­sion in Lard v. State, 2020 Ark. 110 (Mar. 122020).