No. 18-6315

David Ivy v. Tennessee

Lower Court: Tennessee
Docketed: 2018-10-16
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: atkins-claim atkins-v-virginia constitutional-prohibition cruel-and-unusual-punishment death-penalty due-process eighth-amendment intellectual-disability moore-v-texas procedural-mechanism roper-v-simmons state-procedure
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Where this Court has declared, States may not execute anyone in the entire category of [intellectually disabled] offenders. Moore v. Texas, 137 S. Ct. 1039, 1051 (2017)(emphasis in original) (quoting Roper v. Simmons, 543 U.S. 551, 563-64 (2005)), may a state thwart the Constitutional prohibition against execution of the intellectually disabled by failing to provide a procedural vehicle for the adjudication of an Atkins-exemption claim?

Question Presented (OCR Extract)

QUESTION PRESENTED Where this Court has declared, “States may not execute anyone in ‘the entire category of [intellectually disabled] offenders.” Moore v. Texas, 137 S. Ct. 1039, 1051 (2017)(emphasis in original) (quoting Roper v. Simmons, 543 U.S. 551, 563-64 (2005)), may a state thwart the Constitutional prohibition against execution of the intellectually disabled by failing to provide a procedural vehicle for the adjudication of an Atkins-exemption claim? i

Docket Entries

2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-15
Brief of respondent State of Tennessee in opposition filed.
2018-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2018)

Attorneys

David Ivy
Kelley Jane HenryFederal Public Defender, Middle District of Tennessee, Petitioner
Kelley Jane HenryFederal Public Defender, Middle District of Tennessee, Petitioner
State of Tennessee
Andrew Craig CoulamState of Tennessee Attorney General's Office, Respondent
Andrew Craig CoulamState of Tennessee Attorney General's Office, Respondent