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Sasser v. Payne

Certiorari Denied

Petition for certiorari denied on May 23, 2022.

Docket No.21-7039
Op. Below8th Cir.

Issue

(1) Whether amending a petition for writ of habeas corpus after a remand by an appellate court makes it a second-or-successive application under 28 U.S.C. § 2244; and (2) whether, when deciding whether a defendant is intellectually disabled and thus ineligible for the death penalty, courts violate the Eighth Amendment by a) weighing strengths against deficits in the same adaptive-skills domain, or b) requiring that a defendant prove adaptive deficits at time periods beyond those defined by medical standards.

Proceedings & orders timeline

Nov 2, 2021
Application (21A134) to extend the time to file a petition for a writ of certiorari from November 29, 2021 to January 28, 2022, submitted to Justice Kavanaugh.
Nov 5, 2021
Application (21A134) granted by Justice Kavanaugh extending the time to file until January 28, 2022.
Jan 28, 2022
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 3, 2022)
Feb 14, 2022
Motion to extend the time to file a response from March 3, 2022 to May 2, 2022, submitted to The Clerk.
Feb 16, 2022
Motion to extend the time to file a response is granted and the time is extended to and including May 2, 2022.
Mar 31, 2022
Brief of respondent Dexter Payne in opposition filed.
Apr 14, 2022
DISTRIBUTED for Conference of 4/29/2022.
Apr 20, 2022
Reply of petitioner Andrew Sasser filed. (Distributed)
Apr 29, 2022
Rescheduled.
May 9, 2022
DISTRIBUTED for Conference of 5/12/2022.
May 11, 2022
Rescheduled.
May 16, 2022
DISTRIBUTED for Conference of 5/19/2022.
May 23, 2022
Petition DENIED.

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