CLE – Chapter 46B: Intellectual Disability as a Defense
Christopher Washington was convicted of capital murder in 2014. He was sentenced to life without parole. Washington suffered from an intellectual disability which clouded his ability to understand the nature of the proceedings or assist in his own defense. Using Chapter 46B, Washington’s conviction was eventually overturned in November of 2019. This presentation uses the Washington case to inform attorneys how to use Chapter 46B as a defensive tool in both the trial and appellate courts. Notably, we will break down Chapter 46B and guide practitioners on procedural obstacles, experts, and relevant trial and appellate strategies.