No. 24-5420

Jerry E. Russell, Sr. v. Indiana

Lower Court: Indiana
Docketed: 2024-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: atkins-v-virginia criminal-punishment eighth-amendment intellectual-disability life-without-parole sentencing
Key Terms:
SocialSecurity Punishment
Latest Conference: 2024-10-18
Question Presented (AI Summary)

Should the Eighth Amendment prohibition, against sentencing intellectually disabled individuals to death, announced in Atkins v. Virginia, 536 U.S. 304 (2002), be extended to prohibit sentences of LWOP for intellectually disabled individuals?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In an appeal to the Indiana Supreme Court, Petitioner argued that the Eighth ! Amendment prohibition against sentencing intellectually disabled individuals to death, announced in Atkins y, Virginia, 536 U.S. 304 (2002), should be extended to prohibit sentences of life without possibility of parole (LWOP) for intellectually disabled individuals. The Indiana Supreme Court declined to address Petitioner’s Eighth Amendment claim but explicitly found that the claim was preserved, Should the Eighth Amendment prohibition, against sentencing intellectually disabled individuals to death, announced in Atkins v. Virginia, 536 U.S. 304 (2002), be extended to prohibit sentences of LWOP for intellectually disabled individuals? | i i 3 2

Docket Entries

2024-10-21
Petition DENIED.
2024-10-03
DISTRIBUTED for Conference of 10/18/2024.
2024-09-26
Waiver of right of respondent Indiana to respond filed.
2024-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2024)

Attorneys

Indiana
James Allen BartaOffice of the Indiana Attorney General, Respondent
Jerry E. Russell
Lisa Johnson Sr.Law Office of Lisa Johnson, Petitioner