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Bowles v. Inch

Certiorari Denied

Petition for certiorari denied on August 22, 2019.

Docket No.19-5672
Op. Below11th Cir.

Issue

(1) Whether a capital defendant"s claim that the Eighth Amendment forbids his execution as he is intellectually disabled becomes viable upon the issuance of a death warrant, therefore exempting the claim from the gatekeeping provisions of 28 U.S.C. Section 2244(b)(2); (2) whether procedural obstacles to the consideration of a claim of intellectual disability must cede to the categorical protections of the Eighth Amendment; and (3) whether the 11th Circuit has a duty to interpret 28 U.S.C. Section 2241 in a way that does not condone unconstitutional executions.

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