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Claim for Reward Money Associated with Capture of Peruvian Spy Chief, and Criminal Matter

By FindLaw Staff on June 18, 2010 12:34 PM

In Hill v. Schofield, No. 08-15444, a capital habeas matter, the court of appeals reversed the denial of petitioner's habeas petition, holding that Georgia's requirement of proof of mental retardation beyond a reasonable doubt necessarily would result in the execution of the mentally retarded, and thus the Georgia Supreme Court's decision was contrary to the clearly established rule of Atkins.

Guevara v. Repub. of Peru, No. 08-17213, involved an action claiming that the Republic of Peru owed plaintiff $5 million in reward money for information that lead to the arrest of Peru's former spy chief, Vladimiro Lenin Montesinos Torres.  The court of appeals reversed summary judgment for plaintiff, on the ground that the district court should have recognized Peru's sovereign immunity and therefore dismissed plaintiff's claim for lack of subject matter jurisdiction.

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