mentally retarded Archives - Jackson & Campbell, P.C.

8 Jan 2019 |

Subsequent SCOTUS Decisions Are Not “Clearly Established Law” For Habeas Petitions

After being convicted by Ohio’s state courts for murder and sentenced to death in 1986, Danny Hill challenged the judgment on the basis that the Eighth Amendment prohibits someone who is “mentally retarded” from receiving a death sentence, as established in Atkins v. Virginia, 536 U.S. 304 (2002). When that failed in the state courts, he filed a federal ... Read More

TAGGED: Clearly Established Law, Habeas, Eighth Amendment, mentally retarded, Atkins v. Virginia, Moore v. Texas, Antiterrorism and Effective Death Penalty Act, Shoop v. Hill