No. 19-1106

Tommy Sharp, Interim Warden v. Roderick L. Smith

Lower Court: Tenth Circuit
Docketed: 2020-03-10
Status: Denied
Type: Paid
Relisted (2)
Tags: adaptive-functioning atkins-v-virginia death-penalty-appeals habeas-corpus intellectual-disability moore-v-texas retroactivity teague-v-lane tenth-circuit
Latest Conference: 2020-07-01 (distributed 2 times)
Question Presented (from Petition)

1. Did the Tenth Circuit err in concluding that Moore I and Moore II were mere applications of Atkins that could be applied retroactively on collateral review, contrary to Shoop v. Hill, 139 S.Ct. 504, 505 (2019) (per curiam), and the Eleventh Circuit?

2. In sua sponte holding that the OCCA did not rule on the adaptive-functioning prong because its analysis was too cursory, did the Tenth Circuit violate this Court's precedent that forbids the imposition of opinion-writing standards, Johnson v. Williams, 568 U.S. 289, 300 (2013)?

3. Whether reviewed de novo or with deference, did the Tenth Circuit err in granting habeas relief on Smith's claim of adaptive-functioning deficits where Smith's only expert to opine on this prong improperly administered the adaptive-functioning assessment directly to Smith, contemporaneously administered other tests to Smith that showed malingering, and relied on information that was disputed by other witnesses?

Question Presented (AI Summary)

Whether the Tenth Circuit erred in concluding that Moore v. Texas I and II were mere applications of Atkins v. Virginia that could be applied retroactively on collateral review, in violation of Shoop v. Hill and creating a circuit split

Docket Entries

2020-07-02
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2020-07-02
Petition DENIED.
2020-06-29
DISTRIBUTED for Conference of 7/1/2020.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-06-03
Reply of petitioner Tommy Sharp, Interim Warden filed.
2020-05-26
Brief of respondent Roderick Smith in opposition filed.
2020-05-26
Motion for leave to proceed in forma pauperis filed by respondent Roderick Smith.
2020-05-07
Motion to further extend the time to file a response is denied.
2020-05-06
Motion to extend the time to file a response from May 26, 2020 to June 25, 2020, submitted to The Clerk.
2020-05-06
Response to motion from petitioner Tommy Sharp, Interim Warden filed.
2020-03-19
Motion to extend the time to file a response is granted and the time is extended to and including May 26, 2020. See Rule 30.1.
2020-03-18
Motion to extend the time to file a response from April 9, 2020 to May 25, 2020, submitted to The Clerk.
2020-03-02
Petition for a writ of certiorari filed. (Response due April 9, 2020)

Attorneys

Roderick Smith
Emma Victoria RollsFederal Public Defender's Office, Respondent
Tommy Sharp, Interim Warden
Caroline Elizabeth Jane HuntOklahoma Attorney General's Office, Petitioner