Friday, December 5, 2014

SCOTUS grants cert for another Atkins case: Brumfield v Cain

Today SCOTUS  granted cert. for Brumfield v. Cain, an Atkins related death penalty case.  More information can be found at this link
Issue: (1) Whether a state court that considers the evidence presented at a petitioner’s penalty phase proceeding as determinative of the petitioner’s claim of mental retardation under Atkins v. Virginia has based its decision on an unreasonable determination of facts under 28 U.S.C. § 2254( (2); and (2) whether a state court that denies funding to an indigent petitioner who has no other means of obtaining evidence of his mental retardation has denied petitioner his “opportunity to be heard,” contrary to Atkins and Ford v. Wainwright and his constitutional right to be provided with the
“basic tools” for an adequate defense, contrary to Ake v. Oklahoma.