Ex Parte Roy Edward Perkins. (In Re: Roy Edward Perkins v. State of Alabama).

Summary

On remand, the court applied plain-error review to the newly raised claim that executing Perkins would violate the Eighth Amendment because he was mentally retarded. It held that the trial record contained no indication that Perkins met the commonly used requirements for mental retardation, so his death sentence was not unconstitutional and was affirmed. A concurrence agreed with the result but would have grounded plain-error review on Perkins's failure to raise the issue at trial and declined to endorse the main opinion's legislative recommendation.