No. 19-5682

In Re Gary Ray Bowles

Lower Court: N/A
Docketed: 2019-08-22
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2244 atkins-claim atkins-v-virginia capital-punishment death-penalty habeas-corpus intellectual-disability successive-habeas-petition successive-petition writ-of-certiorari
Key Terms:
HabeasCorpus Punishment Securities
Latest Conference: N/A
Question Presented (AI Summary)

Should this Court use its power to grant a writ of habeas corpus to a capital defendant who has no other available forum to raise his compelling claim of intellectual disability?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner Gary Ray Bowles is an intellectually disabled man who is scheduled to be executed by the State of Florida on August 22, 2019, at 6:00 p.m. Absent this Court’s intervention, Mr. Bowles may be executed without any court having considered the merits of his claim. Mr. Bowles’s attempts to be heard have been rebuffed by the Florida Circuit Court for the Fourth Judicial Circuit, the Florida Supreme Court, the United States District Court for the Middle District of Florida, and by the United States Court of Appeals for the Eleventh Circuit Court. This petition invokes the extraordinary jurisdiction of this Court because all other traditional avenues for relief have thus far been foreclosed. The questions presented are: 1. Should this Court use its power to grant a writ of habeas corpus to a capital defendant who has no other available forum to raise his compelling claim of intellectual disability? 2. Whether 28 U.S.C. § 2244(b)(2)(B)(ii) permits a habeas petitioner to file a successive habeas petition based on a claim that he is innocent of the death penalty? 3. Whether a state’s diagnostic standards for intellectual disability deemed unconstitutional by this Court after a petitioner’s initial habeas proceedings render an Atkins v. Virginia claim previously unavailable for the purposes of 28 U.S.C. § 2244(b)(2)(A)? i

Docket Entries

2019-08-22
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
2019-08-22
Application (19A217) for a stay of execution of sentence of death, submitted to Justice Thomas.
2019-08-22
Brief of respondent in opposition filed.
2019-08-22
Response to application from respondent filed.
2019-08-22
Application (19A217) referred to the Court.
2019-08-22
Petition DENIED.
2019-08-22
Application (19A217) denied by the Court.

Attorneys

Gary Bowles
Terri Lynn BackhusOffice of the Federal Public Defender-ND Florida, Petitioner
Terri Lynn BackhusOffice of the Federal Public Defender-ND Florida, Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent