From [HERE] Texas is preparing to kill death row prisoner Marvin Wilson tonight despite a 2002 Supreme Court ruling against the execution of the mentally retarded. Wilson was convicted of murdering Jerry Williams during a 1992 fight. His IQ is just 61, far below the cutoff of 70 that proves he is mentally impaired and therefore ineligible for the death penalty. But Texas argues the IQ test was improperly administered and federal appeals courts have declined to overturn the state’s decision. The man he killed was a police informant. 

In Wilson's Supreme Court appeal, lead lawyer Lee Kovarsky says Wilson's language and math skills "never progressed beyond an elementary school level," that he reads and writes below a second-grade level and that he was unable to manage his finances, pay bills or hold down a job.

In its 2002 ruling outlawing the execution of the mentally impaired, the Supreme Court left it to states to determine what constitutes mental impairment. Kovarsky argues that Texas is trying to skirt the ban by altering the generally accepted definitions of mental impairment to the point where gaining relief for an inmate is "virtually unobtainable." In other words, the mental retardation standard can vary from state to state and some states, such as Texas, can create an impossible standard to meet.[MORE]