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Pruitt v. State9/13/2005
ed independent of very stringent supervision because he often could not follow directions or reciprocate communication. Tr. at 5540, 5547-48.
As with the trial court's reliance in part on evidence of Pruitt's subaverage intellectual functioning after March 4, 1984, the trial court also relied on evidence of Pruitt's impairment of adaptive behavior after March 4, 1984. However, if we consider only the evidence of record pertaining to Pruitt's behavior during his youth, then it becomes clear that Pruitt manifested substantial impairment of adaptive behavior prior to reaching age twenty-two. In my view Pruitt has also carried his burden of proof on this point by at least a preponderance of the evidence.
Conclusion
It is clear to me that Pruitt is mentally retarded even under a standard requiring proof by clear and convincing evidence. Under the relaxed standard the Court announces today, the fact of Pruitt's mental retardation is even more apparent. Accordingly a death sentence is constitutionally and statutorily impermissible in this case. This cause should be remanded to the trial court with instructions to impose a sentence of a term of years.
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