No. 20-6500

Alfred Bourgeois v. T. J. Watson, Warden, et al.

Lower Court: Seventh Circuit
Docketed: 2020-12-03
Status: Denied
Type: IFP
Amici (1)IFP
Tags: death-penalty diagnostic-standards due-process federal-death-penalty-act federal-statute habeas-corpus intellectual-disability judicial-review
Key Terms:
AdministrativeLaw HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Does the Federal Death Penalty Act prohibit the execution of a federal prisoner who is intellectually disabled?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Does the Federal Death Penalty Act, which provides that a “sentence of death shall not be carried out upon a person who is mentally retarded,” prohibit the government from executing a federal prisoner who is intellectually disabled under current legal and diagnostic standards? If so, does 28 U.S.C. § 2241 provide a remedy for such a prisoner when a court had previously denied his claim using now-rejected judge-made criteria instead of clinically accepted diagnostic standards? i

Docket Entries

2020-12-11
Application (20A104) referred to the Court.
2020-12-11
Petition DENIED.
2020-12-11
Application (20A104) denied by the Court. JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN joins, dissenting from the denial of certiorari and application for stay. (Detached <a href = 'https://www.supremecourt.gov/opinions/20pdf/20a104_l537.pdf'>opinion</a>)
2020-12-07
Reply of petitioner Alfred Bourgeois filed.
2020-12-04
Brief of respondents T. J. Watson, Warden, et al. in opposition filed.
2020-12-03
Brief amicus curiae of The Constitution Project filed.
2020-12-03
Application (20A104) for a stay of execution of sentence of death, submitted to Justice Barrett.
2020-12-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2021)

Attorneys

Alfred Bourgeois
Victor J. Abreu Jr.Federal Court Divisions, Defender Association of P, Petitioner
Victor J. Abreu Jr.Federal Court Divisions, Defender Association of P, Petitioner
T. J. Watson, Warden, et al.
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent
The Constitution Project
Meir FederJones Day, Amicus
Meir FederJones Day, Amicus