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Smith v. Royal

Petition for certiorari denied on March 20, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-7393 10th Cir. N/A N/A N/A N/A OT 2016

Issue: Whether refusal to consider the inflationary impact of obsolete testing norms on IQ scores is contrary to or an unreasonable application of Atkins v. Virginia when a state employs a cutoff IQ score of 75 on a single test to preclude Atkins relief.

DateProceedings and Orders (key to color coding)
Oct 14 2016Application (16A382) to extend the time to file a petition for a writ of certiorari from October 30, 2016 to December 29, 2016, submitted to Justice Sotomayor.
Oct 19 2016Application (16A382) granted by Justice Sotomayor extending the time to file until December 29, 2016.
Dec 29 2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 2, 2017)
Jan 31 2017Brief of respondent Terry Royal, Warden in opposition filed.
Feb 10 2017Reply of petitioner Michael Dewayne Smith filed.
Feb 16 2017DISTRIBUTED for Conference of March 3, 2017.
Mar 13 2017DISTRIBUTED for Conference of March 17, 2017.
Mar 20 2017Petition DENIED.
Apr 11 2017Petition for Rehearing filed.
Apr 19 2017DISTRIBUTED for Conference of May 11, 2017.
May 15 2017Rehearing DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.