No. 25-6683

Roderick Leshun Rankin v. Dexter Payne, Director, Arkansas Department of Correction

Lower Court: Eighth Circuit
Docketed: 2026-01-30
Status: Pending
Type: IFP
IFP
Tags: due-diligence evidence-standard habeas-corpus ineffective-assistance innocence-claim schlup-standard
Key Terms:
HabeasCorpus Punishment
Latest Conference: N/A
Question Presented (AI Summary)

May evidence of innocence be 'new' under Schlup even if it was available at the time of trial?

Question Presented (OCR Extract)

is: May evidence of innocence be “new” under Schlup even if it was available at the time of trial? 2. Trial counsel admits that he never investigated Rodney’s guilt even though he believed that Rodney was the true perpetrator. Counsel thereby failed to investigate and develop evidence of Rodney’s threats to kill one of the decedents (the newly estrange d mother of his two children) as well as physical evidence that fit more closely with Rodney than with Rankin. As an alternative to its Schlup ruling, the Eighth Circuit held that counsel performed reasonably “given the lack of evidence pointing to Rodney. ” The question presented is: When assessing trial counsel’s performance, did the Eighth Circuit fail to consider the totality of evidence from counsel’s perspective at the time? 3. The Eighth Circuit held that the Arkansas Supreme Court reasonably adjudicated the merits of Rankin’s claim under Atkins v. Virginia, 536 U.S. 304 (2002) , when, five years before Atkins’ issuance, the court credited an IQ score of 72 over an earlier IQ score of 66, determined that Rankin was not “mentally retarded” under state law, and rejected Rankin’s argument that the court should “‘reduce’ these scores by the possible three point mar gin of error or ‘average’ them together in some way.” Rankin v. Stat e, 948 S.W.2d 397, 404 (Ark. 1997). The Eighth Circuit also ruled that AEDPA bars any post -Atkins evidence. The question presented is: Should the Court hold this case pending its decision in Hamm v. Smith , No. 24 872, in which the Court is considering “w hether and how courts may consider the cumulative effect of multiple IQ scores in assessing an Atkins claim ”?

Docket Entries

2026-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2026)
2025-11-07
Application (25A534) granted by Justice Kavanaugh extending the time to file until January 23, 2026.
2025-11-03
Application (25A534) to extend the time to file a petition for a writ of certiorari from November 24, 2025 to January 23, 2026, submitted to Justice Kavanaugh.

Attorneys

Roderick Rankin
Joseph W. LubyFederal Community Defender Office, E.D. Pa., Petitioner
Joseph W. LubyFederal Community Defender Office, E.D. Pa., Petitioner