No. 18-1077

Akil Jahi, aka Preston Carter v. Tennessee

Lower Court: Tennessee
Docketed: 2019-02-19
Status: Denied
Type: Paid
Tags: atkins-v-virginia collateral-review constitutional-protection death-penalty death-penalty-eligibility hall-v-florida intellectual-disability moore-v-texas retroactive-application retroactivity supreme-court-precedent
Key Terms:
Punishment HabeasCorpus
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Does Hall v. Florida apply retroactively to cases on collateral review?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Although this Court held in Atkins v. Virginia, 536 U.S. 304 (2002), that intellectually disabled individuals are constitutionally ineligible for the death penalty, the Court left the initial integration of medical and legal standards to the lower courts. After more than a decade of _ substantive development, the Court established in Hall v. Florida, 572 U.S. 701 (2014), that courts must follow medical expertise by considering factors like the standard error of measure (SEM) when evaluating standardized tests of intellectual quotient (IQ) to assess intellectual disability. Thereafter, in Moore v. Texas, 187 8. Ct. 1039 (2017), the Court showed by example that the individuals whose intellectual disabilities were recognized in Hail are entitled to those constitutional protections, even on collateral review. The questions presented are: 1. Does Hall v. Florida, 572 U.S. 701 (2014) apply retroactively to cases on collateral review? 2. Does Moore v. Texas, 137 S. Ct. 1039 (2017) apply retroactively to cases on collateral review? 3. Should this Court grant certiorari, vacate the judgment below, and remand for reconsideration in light of Moore v. Texas, 137 S. Ct. 1039 (2017), or summarily reverse and remand for further proceedings not inconsistent with Moore?

Docket Entries

2019-04-29
Petition DENIED.
2019-04-10
DISTRIBUTED for Conference of 4/26/2019.
2019-04-08
Reply of petitioner Akil Jahi filed.
2019-03-20
Brief of respondent State of Tennessee in opposition filed.
2019-02-14
Petition for a writ of certiorari filed. (Response due March 21, 2019)
2018-12-03
Application (18A574) granted by Justice Sotomayor extending the time to file until February 14, 2019.
2018-11-29
Application (18A574) to extend the time to file a petition for a writ of certiorari from December 16, 2018 to February 14, 2019, submitted to Justice Sotomayor.

Attorneys

Akil Jahi
Christopher E. ThorsenBaker, Donelson, Bearman, Caldwell & Berkowitz, PC, Petitioner
State of Tennessee
Zachary Thomas HinkleTennessee Attorney General & Reporter, Respondent