Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Howell v. Tennessee

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
13-5086 Tenn. TBD TBD TBD TBD TBD

Issue: (1) Whether, in proceedings under Atkins v. Virginia , the Sixth Amendment requires a state to prove the absence of mental retardation (intellectual disability) beyond a reasonable doubt to a jury, because death is not within the permissible range of sentences for a person who is intellectually disabled; (2) whether this Court should grant certiorari, vacate, and remand for further consideration of Howell's Sixth Amendment claim in light of Alleyne v. United States ; (3) whether it violates the Eighth Amendment and Atkins for a state court to determine a petitioner's I.Q. without appropriately applying scientifically reliable standards for the assessment of intellectual functioning such as the Standard Error Of Measurement (SEM) of I. Q. tests or the "Flynn Effect," a recognized phenomenon requiring the downward adjustment of raw I.Q. scores to reflect the petitioner's actual I.Q.; (4) whether the Eighth Amendment and Atkins allow a state to use standards for assessing adaptive deficits that contravene scientifically accepted clinical practice and that focus on an individual's abilities rather than his actual deficits, when such deficits satisfy clinical standards for intellectual disability; and (5) whether it violates due process and/or equal protection under the Fourteenth Amendment for a state supreme court to require consideration of SEM and the Flynn Effect in some Atkins cases but to refuse their consideration to the petitioner.

DateProceedings and Orders
Apr 10 2013Application (12A987) to extend the time to file a petition for a writ of certiorari from April 29, 2013 to June 28, 2013, submitted to Justice Kagan.
Apr 12 2013Application (12A987) granted by Justice Kagan extending the time to file until June 28, 2013.
Jun 27 2013Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2013)
Aug 8 2013Order extending time to file response to petition to and including September 3, 2013.
Sep 11 2013Order further extending time to file response to petition to and including October 3, 2013.
Oct 3 2013Brief of respondent Tennessee in opposition filed.
Oct 17 2013DISTRIBUTED for Conference of November 1, 2013.
Oct 21 2013Reply of petitioner Michael Wayne Howell filed. (Distributed)
Nov 4 2013DISTRIBUTED for Conference of November 8, 2013.
Dec 23 2013Motion to dismiss the petition for a writ of certiorari pursuant to Rule 46 received.
Jan 7 2014Petition Dismissed - Rule 46.
 
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