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Sharp v. Smith

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
19-1106 10th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the U.S. Court of Appeals for the 10th Circuit erred in concluding that Moore v. Texas I and Moore v. Texas II were mere applications of Atkins v. Virginia that could be applied retroactively on collateral review, contrary to Shoop v. Hill and the U.S. Court of Appeals for the 11th Circuit; (2) whether, in sua sponte holding that the Oklahoma Court of Criminal Appeals did not rule on the adaptive-functioning prong because its analysis was too cursory, the 10th Circuit violated the Supreme Court's precedent that forbids the imposition of opinion-writing standards, Johnson v. Williams; and (3) whether, reviewed de novo or with deference, the 10th Circuit erred in granting habeas relief on the respondent Roderick Smith’s claim of adaptive-functioning deficits when Smith’s only expert to opine on this prong improperly administered the adaptive-functioning assessment directly to Smith, contemporaneously administered other tests to Smith that showed malingering and relied on information that was disputed by other witnesses.

DateProceedings and Orders (key to color coding)
Mar 02 2020Petition for a writ of certiorari filed. (Response due April 9, 2020)
Mar 18 2020Motion to extend the time to file a response from April 9, 2020 to May 25, 2020, submitted to The Clerk.
Mar 19 2020Motion to extend the time to file a response is granted and the time is extended to and including May 26, 2020. See Rule 30.1.
 
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