No. 19-1105

Tommy Sharp, Interim Warden v. Jimmy Dean Harris

Lower Court: Tenth Circuit
Docketed: 2020-03-10
Status: Denied
Type: Paid
Experienced Counsel
Tags: death-penalty death-penalty-appeal deference-to-state-courts deferential-review habeas-corpus ineffective-assistance-of-counsel intellectual-disability standard-of-review
Latest Conference: 2020-06-11
Question Presented (from Petition)

1. In holding that the OCCA made an "unreasonable determination of the facts," did the Tenth Circuit contravene this Court's repeated admonition that "state-court decisions be given the benefit of the doubt," Cullen v. Pinholster, 563 U.S. 170, 181 (2011); Woodford v. Visciotti, 537 U.S. 19, 24 (2002) (per curiam)?

2. Was the OCCA objectively unreasonable in crediting the testimony of three experts who opined that Harris was not intellectually disabled and not crediting the testimony of the one dissenting doctor, who has been censured, used an outdated test, made no assessment of adaptive functioning, and disregarded the influence of factors he acknowledged could influence IQ test scores?

Question Presented (AI Summary)

Whether the Tenth Circuit contravened Supreme Court precedent in holding that the Oklahoma Court of Criminal Appeals made an unreasonable determination of the facts

Docket Entries

2020-06-15
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2020-06-15
Petition DENIED.
2020-05-26
DISTRIBUTED for Conference of 6/11/2020.
2020-05-22
Reply of petitioner Tommy Sharp, Interim Warden filed.
2020-05-11
Brief of respondent Jimmy Dean Harris in opposition filed.
2020-05-11
Motion for leave to proceed in forma pauperis filed by respondent Jimmy Dean Harris.
2020-03-19
Motion to extend the time to file a response is granted and the time is extended to and including May 11, 2020.
2020-03-18
Motion to extend the time to file a response from April 9, 2020 to May 11, 2020, submitted to The Clerk.
2020-03-02
Petition for a writ of certiorari filed. (Response due April 9, 2020)

Attorneys

Jimmy Dean Harris
Emma Victoria RollsFederal Public Defender's Office, Respondent
Tommy Sharp, Interim Warden
Jennifer L. CrabbOffice of the Attorney General, Petitioner