EN BANC ORDER
Based on the United States Supreme Court’s decision in Atkins v. Virginia,
In our remand order, we set forth certain requirements for a finding of mental retardation, but we did not directly address whether a psychologist or psychiatrist could render opinions based upon tests administered by other professionals. We take this opportunity to further clarify our previous remand order by stating that — subject to the requirements of Mississippi Rule of Evidence 702,
On remand, the trial judge ordered the Mississippi State Hospital at Whitfield to evaluate Chase, and ordered the Mississip
The trial judge held an evidentiary hearing on this matter on August 16-17, 2010. Following the hearing, the circuit court ordered the State and Chase’s counsel to submit proposed findings of fact and conclusions of law. The State submitted a fifty-seven page Proposed Findings of Fact and Conclusions of Law. The trial judge signed the State’s submission verbatim, including leaving the title “Proposed Findings of Fact and Conclusions of Law,” raising concerns in this death-penalty case.
Additionally, the Court needs clarification on whether, in denying Chase’s petition for post-conviction relief, the trial judge believed that our previous remand order precluded Chase’s experts from relying on the results of tests performed by the Mississippi State Hospital.
We vacate the trial court’s judgment and remand the matter for the trial judge to take into account our clarification, to issue his own Findings of Fact and Conclusions of Law, and to enter a new judgment based thereon.
SO ORDERED.
. Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002).
. Chase v. State, 873 So.2d 1013 (Miss.2004).
. Miss. R. Evid. 702.
