No. 21-7039

Andrew Sasser v. Dexter Payne, Director, Arkansas Division of Correction

Lower Court: Eighth Circuit
Docketed: 2022-02-01
Status: Denied
Type: IFP
Relisted (3)IFP
Tags: 28-usc-2244 adaptive-skills circuit-split death-penalty eighth-amendment habeas-corpus intellectual-disability remand second-or-successive second-or-successive-application
Latest Conference: 2022-05-19 (distributed 3 times)
Question Presented (from Petition)

1. Whether amending a petition for writ of habeas corpus after a remand by
an appellate court makes it a second-or-successive application under
28 U.S.C. § 2244.

2. Whether, when deciding whether a defendant is intellectually disabled
and thus ineligible for the death penalty, courts violate the Eighth
Amendment by

a) weighing strengths against deficits in the same adaptive-skills
domain, or
b) requiring that a defendant prove adaptive deficits at time periods
beyond those defined by medical standards.

Question Presented (AI Summary)

Whether amending a petition for writ of habeas corpus after a remand by an appellate court makes it a second-or-successive application under 28 U.S.C. § 2244

Docket Entries

2022-05-23
Petition DENIED.
2022-05-16
DISTRIBUTED for Conference of 5/19/2022.
2022-05-11
Rescheduled.
2022-05-09
DISTRIBUTED for Conference of 5/12/2022.
2022-04-29
Rescheduled.
2022-04-20
Reply of petitioner Andrew Sasser filed. (Distributed)
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-03-31
Brief of respondent Dexter Payne in opposition filed.
2022-02-16
Motion to extend the time to file a response is granted and the time is extended to and including May 2, 2022.
2022-02-14
Motion to extend the time to file a response from March 3, 2022 to May 2, 2022, submitted to The Clerk.
2022-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 3, 2022)
2021-11-05
Application (21A134) granted by Justice Kavanaugh extending the time to file until January 28, 2022.
2021-11-02
Application (21A134) to extend the time to file a petition for a writ of certiorari from November 29, 2021 to January 28, 2022, submitted to Justice Kavanaugh.

Attorneys

Andrew Sasser
Nadezhda V WoodFederal Public Defender, Capital Habeas Unit, Petitioner
Dexter Payne
Nicholas Jacob BronniSolicitor General of Arkansas, Respondent