Whether a state court's refusal to consider a defendant's claim that he is exempt from execution under Atkins v. Virginia due to Neurobehavioral Disorder Associated with Prenatal Alcohol Exposure violates the Eighth or Fourteenth Amendment

QUESTIONS PRESENTED — CAPITAL CASE 1. In light of the medical community’s recent consensus that Neurobehavioral Disorder Associated with Prenatal Alcohol Exposure is not only functionally similar to Intellectual Developmental Disability, but uniquely identical in both etiology and symptomatology, does it violate the Eighth or Fourteenth Amendment for a state court to foreclose all meaningful review of a defendant’s claim that he is entitled to exemption from execution under Hail v. Florida’s requirement that state courts deciding whether to apply the protections of Atkins v. Virginia must be guided by the views of the medical community? 2. Because “a jury that must choose between life imprisonment and capital punishment can do little more—and must do nothing less—than express the conscience of the community on the ultimate question of life or death[,]” Witherspoon v. Illinois, 391 U.S. 510, 519 (1968), does the Eighth Amendment bar the execution of a defendant who was not sentenced to death by a unanimous jury? i NOTICE OF RELATED CASES Per Supreme Court Rule 14.1(b)(iii), the following cases relate to this petition: Underlying Trial: Circuit Court of Leon County, Florida State of Florida v. Donald David Dillbeck, Case No. 1990 CF 2795 Judgment Entered: March 15, 1991 Direct Appeal: Florida Supreme Court (No. SC77752) Donald David Dillbeck v. State, 643 So. 2d 1027 (Fla. 1994) Judgment Entered: April 21, 1994 Rehearings Denied: August 18, 1994; October 17, 1994 Petition for Writ of Certiorari Denied: Supreme Court of the United States (No. 94-7723) Donald David Dillbeck v. Florida, 514 U.S. 1022 (1995) Judgment Entered: March 20, 1995 Postconviction Proceedings: Circuit Court of Leon County, Florida Dillbeck v. State, 1990 CF 2795 Judgment Entered: September 3, 2002 (denying motion for postconviction relief) Florida Supreme Court (Nos. SC02-2044; SC03-1123) Dillbeck v. State, 882 So. 2d 969 (Aug. 2004) Judgment Entered: Aug. 26, 2004 (emanding for further proceedings) Circuit Court of Leon County, Florida State v. Dillbeck, 1990 CF 2795 Judgment Entered: July 21, 2005 (denying postconviction relief on remand) Florida Supreme Court (No. SC05-1561) Dillbeck v. State, 964 So. 2d 95 (2007) Judgment Entered: May 10, 2007 (affirming) Rehearing Denied: August 27, 2007 Federal Habeas Proceedings ii District Court for the Northern District of Florida (No. 4:07-cv-388-SPM) Dillbeck v. McNeil, 2008 WL 11516887 Judgment Entered: March 27, 2008 District Court for the Northern District of Florida (No. 4:07-cv-388-SPM) Dillbeck v. McNeil, 2010 WL 419401 Judgment entered: January 29, 2010 Reconsideration denied: Feb. 19, 2010 Certificate of Appealability denied: October 7, 2010 Eleventh Circuit Court of Appeals Dillbeck v. McNeil, No. 10-11042 Judgment entered: January 18, 2011 (denying certificate of appealability) First Successive Postconviction Proceedings: Circuit Court of Leon County, Florida Dillbeck v. State, 1990 CF 2795 Judgment Entered: June 5, 2014 (denying postconviction relief) Florida Supreme Court (No. SC14-1306) Dillbeck v. State, 168 So. 3d 224 (Fla. 2015) Judgment Entered: April 16, 2015 (affirming) Second Successive Postconviction Proceedings: Circuit Court of Leon County, Florida Dillbeck v. State, 1990 CF 2795 Judgment Entered: April 11, 2017 (denying postconviction relief) Florida Supreme Court (No. SC17-847) Dillbeck v. State, 234 So. 3d 558 (Fla. 2018) Judgment Entered: January 24, 2018 (affirming) Petition for Writ of Certiorari Denied: Supreme Court of the United States (No. 17-9375) Donald David Dillbeck v. Florida, 139 S. Ct. 162 (2016) Judgment Entered: October 1, 2018 Third Successive Postconviction Proceedings: Circuit Court of Leon County, Florida Dillbeck v. State, 1990 CF 2795 Judgment Entered: January 30, 2020 (denying postconviction relief) iii Florida Supreme Court (No. SC20-178) Dillbeck v. State, 304 So. 3d 286 (Fla. 2020) Judgment Entered: September 3, 2020 (affirming) Rehearing Denied: October 30, 2