The association that Dr. Nelson belonged to is known as The American Psychiatric Association. This organization defines "mental retardation" as "subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning." The APA also states that mild retardation is most commonly diagnosed with people in the approximate 53 to 70 IQ point range. Similarly, The American Association of Mental Retardation defines mental retardation as "substantial limitations in present functioning". These two organizations also define mental retardation as restrictions in skill areas such as health and safety, social skills, leisure, and work. .
Prior to Atkins being sentenced to death, the State of Virginia ordered a second sentencing. In this sentencing, Dr. Nelson testified again, and continued on his theory that the perpetrator was in fact, although mildly, mentally retarded. Virginia brought Dr. Stanton Samehow to the stand in defense of Dr. Nelson's handicap theory. Dr. Samehow testified his opinion that Atkins was not mentally retarded, but more or less of "average intelligence, at least". Dr. Samehow based his opinion on two specific interviews. Also, Dr. Samehow accessed Atkins" school records. In lieu of administering the intelligence test that Dr. Nelson gave Atkins, Dr. Samehow asked questions from an earlier version of a similar test in both of his interviews with the accused. .
The Supreme Court sentenced Daryl Renard Atkins to the death penalty after this second sentencing hearing. Atkins' attorneys claimed that because of his alleged mental disability it would be unjust to have their client put to death. However, The Supreme Court of Virginia rebutted by saying that they would not reduce his sentence to life in prison simply because of his poor IQ score. .
Justice Hassell and Justice Koontz disagreed with this decision. They completely discarded Dr.