No. 24-6594

Jermaine Alexander Foster v. Florida

Lower Court: Florida
Docketed: 2025-02-19
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: atkins-standard death-penalty intellectual-disability procedural-hurdles retroactivity supreme-court-precedent
Key Terms:
AdministrativeLaw DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2025-04-17
Question Presented (from Petition)

1. Whether the categorical restriction against executing the intellectually disabled can be circumvented via procedural hurdles implemented after litigants were initially given the opportunity to prove their intellectual disability?

2. Whether the grants of authority in Atkins v. Virginia, 536 U.S. 304 (2002) and Hall v. Florida, 570 U.S. 701 (2012) which permit states to determine procedures for implementing the categorical restriction against executing the intellectually disabled also permits states autonomy to redefine intellectual disability?

3. Whether the Florida Supreme Court's interpretation that Hall constitutes new, non-retroactively applicable law or is an application of the established principle in Atkins within the meaning of Teague v. Lane, 489 U.S. 288, 307 (1989), and Chaidez v. U.S., 568 U.S. 342, 347-48 (2013), contravenes this Court's categorical prohibition against executing the intellectually disabled?

Question Presented (AI Summary)

Whether the Florida Supreme Court's procedural interpretation of Hall v. Florida circumvents the categorical prohibition against executing intellectually disabled individuals

Docket Entries

2025-04-21
Petition DENIED.
2025-03-27
DISTRIBUTED for Conference of 4/17/2025.
2025-03-13
Brief of Florida in opposition submitted.
2025-03-13
Brief of respondent Florida in opposition filed.
2025-02-12
2025-01-10
Application (24A675) granted by Justice Thomas extending the time to file until February 13, 2025.
2024-12-31
Application (24A675) to extend the time to file a petition for a writ of certiorari from January 14, 2025 to March 15, 2025, submitted to Justice Thomas.

Attorneys

Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Jermaine Foster
Linda McDermottFederal Defender for the Northern Dist of Florida, Petitioner