Wilson v. Commonwealth
Annotate this CaseIn 1988, Gregory Wilson was convicted of, inter alia, murder and kidnapping and received the death sentence. In 2010, Wilson moved the trial court to prohibit execution of the death sentence because of his mental retardation and to compel DNA testing of hairs and semen found in the victim's automobile and used by the prosecution in his trial. The trial court denied both motions without holding an evidentiary hearing on either motion. The Supreme Court (1) affirmed the trial court's ruling on Wilson's motion denying DNA testing of the hairs; (2) vacated the trial court's order to the extent that it failed to rule on whether Wilson was entitled to DNA testing of the semen and remanded this issue to the trial court for a ruling; and (3) vacated the trial court's ruling on the mental retardation motion and remanded this issue to the trial court to conduct an evidentiary hearing on whether Wilson was exempt from execution because he was a mentally retarded offender.
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