No. 22-7424

Darryl Bryan Barwick v. Florida

Lower Court: Florida
Docketed: 2023-05-01
Status: Denied
Type: IFP
IFP
Tags: age-of-culpability cognitive-deficits cognitive-impairment cruel-and-unusual-punishment eighth-amendment mental-age neuropsychological-disorder state-constitutional-law
Latest Conference: N/A
Question Presented (from Petition)

1. Does a state constitutional provision which prohibits any consideration of evolving standards of decency violate the Eighth Amendment?

2. In light of the American Psychological Association's August 2022 resolution calling for an end to the late-adolescent death penalty, does this Court's holding that "the death penalty is disproportionate punishment for offenders under 18," Roper v. Simmons, 543 U.S. 551, 575 (2005), apply with equal force to those under 21?

Question Presented (AI Summary)

Whether the Eighth Amendment prohibits the execution of individuals with severe neuropsychological disorders, lifelong cognitive deficits, and low mental age, even where a state's constitution precludes the state from offering any protection against cruel and unusual punishment that is not explicitly ordered by the U.S. Supreme Court

Docket Entries

2023-05-03
Application (22A952) referred to the Court.
2023-05-03
Petition DENIED.
2023-05-03
Application (22A952) for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2023-05-02
Response to application from respondent Florida filed.
2023-05-02
Brief of respondent Florida in opposition filed.
2023-05-02
Reply of petitioner Darryl Barwick filed.
2023-05-02
Reply of applicant Darryl Barwick filed.
2023-05-01
Application (22A952) for stay of execution of sentence of death, submitted to Justice Thomas.
2023-05-01

Attorneys

Darryl Barwick
Karin Lee MooreCapital Collateral Regional Counsel, North, Petitioner
Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent