COLUMBUS — When Allen Earl Holloway was sentenced to die for the brutal murder of an elderly Cincinnati woman in 1984, the fact that he might be mentally retarded wasn't important.

        In the wake of a recent U.S. Supreme Court decision outlawing executions of retarded prisoners, Mr. Holloway's low IQ could well determine whether if he will live or die. In the process, his case also could help set a state standard for Ohio death- row inmates who claim they are mentally retarded.

        Mr. Holloway's attorneys say no judge, justice or prosecutor has ever disputed two court- appointed psychologists who testified that Mr. Holloway is “mildly retarded.” They want a federal- court judge in Columbus to vacate his death sentence.

        Ohio Attorney General Betty Montgomery says mental retardation wasn't an issue until now and she wants a second opinion. Papers her office filed Monday w with U.S. District Court Judge Algenon Marbley argue Mr. Holloway is not retarded and that a state court is the proper place to make the final decision.

        “We feel the question here on mental retardation is best answered by a state judge,” said Joe Case, Ms. Montgomery's spokesman, said Wednesday.

        Larry Komp, Mr. Holloway's attorney, said the state doesn't deserve that chance. “They're not happy with the result they've got,” Mr. Komp said. “They want a second shot.”

        A Hamilton County jury sentenced Mr. Holloway to death for the 1984 beating and strangulation death of 84-year old Clara Wilson in her Over-the-Rhine apartment. Police found Ms. Wilson's body in her bathtub, her skin scalded by hot water.

        Mr. Holloway told police he'd asked Ms. Wilson for money and that he beat her when she refused. He said he put her in the tub and turned on the water in an attempt to revive her.

        Two clinical psychologists diagnosed Mr. Holloway as “at least mildly mentally retarded.” In court decisions that followed, these statements weren't questioned.

        In 1988, the Ohio Supreme Court noted “substantial evidence that due to (Mr. Holloway's) volatile personality and mild retardation he lacks substantial capacity to appreciate the criminality of his conduct.”

        The high court upheld the death sentence 7-0, deciding that despite his mental problems, Mr. Holloway still knew the difference between right and wrong.

        The U.S. Supreme Court changed the death penalty rules on June 20 with a 6-3 decision that declared executions of the mentally retarded “cruel and unusual punishment.” The court also left the important decisions of determining who is retarded and who is not up to the states.

        The commonly accepted standard for mental retardation is an IQ of about 70 or below, including at least two lower-than-average abilities, such as communication.

        So far in Ohio, nine death- row inmates, including Mr. Holloway, have filed different mental- retardation appeals. More are expected.

        That short list includes William Garner, who was sent to death row for the 1992 deaths of five Cincinnati children.

        The attorney general has so far responded to only one other case besides Mr. Holloway's. Gregory Lott, a death- row inmate from Cuyahoga County, has exhausted all of his appeals and faces an Aug. 27 execution. Although Ohio Public Defender says Mr. Holloway is retarded, the state says Mr. Lott has never tried to argue this before and shouldn't be allowed to do so now.

        Mr. Holloway's case is the first in which the state has actually suggested a state court step in.

        “Mr. Holloway's mental retardation, or the lack thereof, is a factual issue that must be re-examined in state court,” writes Norman Plate, an assistant attorney general. Mr. Case said it's likely that the Ohio Supreme Court would make the final decision on what counts in a mental- retardation appeal. Mr. Holloway'sHollway's appeal could be the case that sets that standard.

        Mr. Case also said it is not clear Mr. Holloway is retarded. He scored a 73 and a 76 on two different IQ tests taken at the time of his trial. Mr. Komp said the two court- appointed psychologists had access to those tests and still decided his client was retarded. He said those opinions should count as much as the IQ scores themselves.

        Now the question is what Judge Marbley will decide. He doesn't have a deadline or a schedule to make his decision.

        Frances Pineur, Ms. Wilson's daughter, says she is certain Mr. Holloway is not retarded and that he deserves the death penalty.

        “He did too many smart things that a mentally retarded person would not know to do,” Ms. Pineur said. “To me, he's like a demon.”

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