No. 22-7897

In Re Frank Walls

Lower Court: N/A
Docketed: 2023-06-29
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2244 eighth-amendment federal-petition habeas-corpus intellectual-disability retroactivity substantive-rule teague-v-lane
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Was Hall v. Florida, 572 U.S. 701 (2014) necessarily "made retroactive," for purposes of authorizing a successive federal habeas petition under 28 U.S.C. § 2244(b)(2)(A), by announcing a rule that substantively expanded the class of individuals who qualify as intellectually disabled under the Eighth Amendment?

Question Presented (AI Summary)

Was Hall v. Florida necessarily 'made retroactive' for purposes of authorizing a successive federal habeas petition under 28 U.S.C. § 2244(b)(2)(A)?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-08-07
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2023-08-07
Reply of petitioner Frank Walls filed. (Distributed)
2023-07-31
Brief of respondent Florida in opposition filed.
2023-06-26

Attorneys

Frank Walls
Sean Talmage GunnFederal Public Defender, N.D. Fla., Petitioner
State of Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent