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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)
10/14/2016Application (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.
10/19/2016Application (16A382) granted by Justice Sotomayor extending the time to file until December 29, 2016.
12/29/2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 2, 2017)
01/31/2017Brief of respondent Terry Royal, Warden in opposition filed.
02/10/2017Reply of petitioner Michael Dewayne Smith filed.
02/16/2017DISTRIBUTED for Conference of March 3, 2017.
03/13/2017DISTRIBUTED for Conference of March 17, 2017.
03/20/2017Petition DENIED.
04/11/2017Petition for Rehearing filed.
04/19/2017DISTRIBUTED for Conference of May 11, 2017.
05/15/2017Rehearing DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.