In Thursday's unsigned unanimous ruling, Florida's high court upheld the murder conviction of Demetris Thomas but declined to review his death sentence for the 1997 murder of Brandy Howard in Okaloosa County.

In 2002, the U.S. Supreme Court banned the execution of mentally retarded people, saying it violated the Eighth Amendment's protection against cruel and unusual punishment.

Although retardation is generally defined as having an IQ of 70 or lower, the U.S. Supreme Court left it to states to develop their own systems to ensure that mentally retarded people are not executed.

Defense attorneys argue Thomas, 32, has an I.Q. of 61.

AP-ES-11-18-04 1924EST