No. 24A1143

Richard Gerald Jordan v. Mississippi

Lower Court: Mississippi
Docketed: N/A
Status: Denied
Type: A
Experienced Counsel
Tags: ake-v-oklahoma capital-punishment due-process mcwilliams-v-dunn mental-health-expert sixth-amendment
Latest Conference: N/A
Question Presented (from Petition)

Whether the Mississippi Supreme Court's refusal to apply this Court's precedent in McWilliams v. Dunn, 582 U.S. 183 (2017), which clarified that Ake v. Oklahoma, 470 U.S. 68 (1985), requires that an indigent capital defendant receive access to a mental health expert who is sufficiently available to the defense and independent from the prosecution, violated Petitioner's due process rights under the Fourteenth Amendment.

Question Presented (AI Summary)

Whether the Sixth Amendment, as clarified in McWilliams v. Dunn, requires that an indigent capital defendant receive access to a mental health expert who is independent from the prosecution and sufficiently available to the defense to effectively assist in the evaluation, preparation, and presentation of mitigation evidence, and whether a state court's refusal to apply this clearly established law to a successive postconviction petition in the absence of an adequate and independent state procedural bar violates due process

Docket Entries

2025-06-25
Application (24A1143) referred to the Court.
2025-06-25
Application (24A1143) for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is denied as moot.
2025-05-29
Reply of Richard Gerald Jordan in support of application submitted.
2025-05-29
Reply of applicant Richard Gerald Jordan filed.
2025-05-23
Response to application from respondent Mississippi filed.
2025-05-21
Application (24A1143) for a stay of execution of sentence of death, submitted to Justice Alito.

Attorneys

Richard Gerald Jordan
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Petitioner
State of Mississippi
Allison Kay HartmanMississippi Attorney General's Office, Respondent