Atkins Court Decisions: Bourgeois v US (2020), Milam v TX (2021), Reeves v AL (2020), Petetan v TX (2021)

 

Recent Atkins related court decisions at links below.  

Petetan v TX (2021; one and two)

Bourgeois v US (2020).  Prior decision (2011)

Milam v TX (2021)

Reeves v AL (2020)

Atkins intellectual disability court decisions: Texas Court of Criminal Appeals reverses decisions on two Atkins cases - Webster and Guevara

 

Twice in the past few weeks, the Texas Court of Criminal Appeals has reversed adverse prior decisions regarding Atkins intellectual disability death penalty decisions.

Click here for Webster (2020)

Click here for Guevara (2020)

Prior documents and decisions related to these two cases can be found in the court decisions blog roll on the right-hand side of this blog. 

 

Atkins ID/MR court decision: Brownlow v Texas (2020)

Here is a recent Atkins related court decision.  Brown v Texas (2020).  AP news story is here

Atkins Court Decisions: Ford v OH (2019) and Jenkins v AL (2019)

Two more Atkins related court decisions.

Ford v OH (2019)

Jenkins v AL (2019)

Atkins Court Decisions: A bunch to update from FL and OK

I have been WAYYYYYYYY behind in posting recent Atkins court decisions and related documents.  Here I post info regarding a number of cases, without comment.  Click on each to access PDF files.

Bowles (2019, FL)

Harris (2019, OK)

Smith (2019, OK)

Walls (2019, FL; one, two).  More info here.

Atkins Court Decision: TX CCA Commutes Bobby Moore’s Death Sentence in Intellectual Disability Case

After iterating through the courts for years, the Atkins case of Bobby Moore, which had the Texas Briseno factors as a core issue, has been settled.

Click here for news story.  Here is another news story link.

Three recent Atkins decisions: Altamirano (2019; Az), Raulerson (2019, Ga), Webster (2019, IN)

Here are three recent Atkins decisions. Click to access PDF.

• Altamirano (2019; Az)
• Raulerson (2019, Ga)
• Webster (2019, IN)

Atkins court decisions: Busby v Davis (TX) and Smith v Alabama

FYI--two recent Atkins related decisions

Busby v Davis (TX: 2019)

Smith v Alabama (2019)

Atkins decisions: More on Moore v TX (2018). ABA files brief on behalf of Moore - UPDATED 11-20-18 to include APA amicus brief

Interesting turn of events re: Moore v. Texas. ABA story here.

The AG’s motion can be found here. The ABA amicus brief can be found here.

The trail of prior documents and decision can be found starting here.

11-20-18 UPDATE.  I previously did not have a copy of the APA amicus brief. A copy is now available here.


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Atkins court decisions: Lane v Alabama (2028) and Wright v Florida (2018)

Two recent Atkins court decisions.

Lane v Alabama (2018)

Wright v Florida (2018)

As a reminder, when I first started this blog I would sometimes comment on psychometric issues in decisions. I believed it professionally responsible to stop this practice after I started to serve as an expert witness in Atkins cases.


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Court decision: Moore v Texas (2018) after SCOTUS vacated decison based on Briseno AB standards

I'm a bit behind in posting information regarding recent Atkins-related court decisions.

Despite SCOTUS recently vacating Moore v Texas based on Texas's Briseno standards not being consistent with prevailing medical and professional standards, Moore was still found to not be ID in the latest decision from Texas.  The majority opinion can be found here.  The dissenting opinion can be found here.

Court Decision: Russell v Mississippi (2018).

Russell v Mississippi (2018) is now available.This is a revision of an April 5:4 denial of a rehearing from a original loss in December.  This case has been remanded back to the state for evaluation by the states expert.

Atkins court decision: Farad Roland v USA (NJ; 2018)

Today the opinion regarding the Atkins ID decision for Farad Roland was issued.  As per my policy, having served as an expert witness in this particular case, I offer no comments.  The opinion can be found here.

Atkins-related Court decision: Cathey v Davis (2017, Texas)

For some reason I failed to post the most recent court decision this past May regarding Cathey, a case where the Flynn effect (norm obsolescence) is prominent. This decision can now be found here. The court granted Cathey a district court hearing to present evidence regarding the Flynn effect in his Atkins claim. Prior Cathey related posts can be found here.


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Atkins related case: Wesely Coonce v USA Appellants Opening Brief

The opening appellant brief for the Atkin's related case of Wesley Coonce (Coonce v USA, 2016) is now available for viewing here.

Walls v Florida (2016) - remand based on Hall v Florida SCOUTS decision

I just noted that I had failed to post a copy of Walls v Florida (October 2016) decision to the blog roll of cases. It will be available under the Court Decisions blog role in a few moments. A copy can be accessed here.



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Thompson v Florida: Hall v SCOTUS related new evidentiary hearing

Thompson v Florida decision for a new evidentiary hearing, in light of Hall v Florida, can be found here.


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Atkins MR/ID Court Decision: Ronell Wilson v US (NY; 2014) Atkins decision overturned (Wilson v US/NY, 2016)

Yesterday the prior decision (Wilson v US/NY, 2014) to not excuse Ronell Wilson as per Atkins, was overturned.  The new 2016 decision can be found here.  Wilson is currently the only individual on death row in NY as per the federal death penalty (click here for prior post).  This has been a very high profile death penalty case.

As per my policy, being one of the "six experts" mentioned in the decision as having provided an expert declaration, I will not comment on any aspects of the court decision.

Atkins ID/MR Court Decisions: Nixon v Florida update--2016 initial brief

A initial brief was recently filed with the Florida Supreme Court in the Atkins appeal of Nixon (Nixon v Florida).  A prior 2009 court decision can be found here. 

Atkins ID/MR death penalty court decision: Agee v Oregon (2015)

Cleaning out my folders and I discovered that I failed to post an Atkins decision made in December.  Agee v Oregon (2015) is now available via the link and in the court decision blog roll.