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Bourgeois v. Watson

Linked with Bourgeois v. Watson (20A104)
Certiorari Denied

Petition for certiorari denied on December 11, 2020.

Docket No.20-6500
Op. Below7th Cir.

Issue

(1) Whether the Federal Death Penalty Act, which provides that a "sentence of death shall not be carried out upon a person who is mentally retarded," prohibits the government from executing a federal prisoner who is intellectually disabled under current legal and diagnostic standards; and (2) if so, whether 28 U.S.C. § 2241 provides a remedy for such a prisoner when a court had previously denied his claim using now-rejected judge-made criteria, instead of clinically accepted diagnostic standards.

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