No. 19-5617

Gary Ray Bowles v. Florida, et al.

Lower Court: Florida
Docketed: 2019-08-16
Status: Denied
Type: IFP
Amici (2)IFP
Tags: death-penalty due-process eighth-amendment eighth-amendment-prohibition execution-risk florida-supreme-court intellectual-disability procedural-bar standing state-procedural-bar state-procedure unacceptable-risk
Key Terms:
DueProcess Punishment
Latest Conference: N/A
Question Presented (from Petition)

1. Can a state procedural bar override the Eighth Amendment prohibition against executing the intellectually disabled?

2. Does the Rodriguez procedural bar created by the Florida Supreme Court violate the Eighth Amendment by creating an unacceptable risk of executing the intellectually disabled?

Question Presented (AI Summary)

Can a state procedural bar override the Eighth Amendment prohibition against executing the intellectually disabled?

Docket Entries

2019-08-22
Application (19A183) referred to the Court.
2019-08-22
Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/18pdf/19-5617 _apl1.pdf'>Opinion</a>)
2019-08-22
Application (19A183) denied by the Court.
2019-08-20
Brief amici curiae of Disability Rights Florida, National Disability Rights Network, and Bazelon Center for Mental Health Law filed.
Main DocumentProof of ServiceCertificate of Word Count
2019-08-20
Brief amici curiae of Florida Association for Criminal Defense Lawyers, et al. filed.
Main DocumentCertificate of Word CountProof of Service
2019-08-18
Reply of petitioner Gary Bowles filed.
Main DocumentProof of Service
2019-08-17
Brief of respondents Florida, et al. in opposition filed.
Main DocumentProof of Service
2019-08-17
Response to application from respondents Florida, et al. filed.
Main Document
2019-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2019)
PetitionAppendixMotion for Leave to Proceed in Forma PauperisProof of Service
2019-08-16
Application (19A183) for a stay of execution of sentence of death, submitted to Justice Thomas.
Main DocumentProof of ServiceLower Court Orders/Opinions

Attorneys

Disability Rights Florida, National Disability Rights Network, and Bazelon Center for Mental Health Law
John Charles Ulin — Arnold & Porter, Amicus
Florida Association for Criminal Defense Lawyers and Florida Association for Criminal Defense Lawyers Miami Chapter
April Lynn Boyer — K&L Gates LLP, Amicus
Florida, et al.
Carolyn M. Snurkowski — Office of the Attorney General, Respondent
Gary Bowles
Terri Lynn Backhus — Office of the Federal Public Defender-ND Florida, Petitioner