Jeffrey Glenn Hutchinson v. Florida
DueProcess Punishment HabeasCorpus JusticiabilityDoctri
Is it unconstitutional to execute a Gulf War veteran without considering the impact of new scientific evidence demonstrating diminished moral culpability due to mental and cognitive impairments caused by combat service?
1. Given that “[o]ur Nation has a long tradition of according leniency to veterans in recognition of their service, especially for those who fought on the front lines,” Porter v. McCollum , 558 U.S. 30, 43 (2009) (per curiam), is it unconstitutional to execute a Gulf War veteran without considering the impact of new scientific evidence demonstrating that he possesses a diminished moral culpability due to a trifecta of mental and cognitive impairments caused by his combat service ? 2. Must a death -sentenced individual , in order to avoid application of a procedural bar, advance a claim based on medical evidence that : (a) has yet to be generally accepted by the scientific community ; and (b) contradicts previously accepted medical conclusions ? ii LIST OF DIRECTLY