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Sharp v. Harris

Certiorari Denied

Petition for certiorari denied on June 15, 2020.

Docket No.19-1105
Op. Below10th Cir.

Issue

(1) Whether, in holding that the Oklahoma Court of Criminal Appeals made an "unreasonable determination of the facts," the U.S. Court of Appeals for the 10th Circuit contravened the Supreme Court"s repeated admonition that "state-court decisions be given the benefit of the doubt," as in Cullen v. Pinholster and Woodford v. Visciotti; and (2) whether the OCCA was objectively unreasonable in crediting the testimony of three experts who opined that the respondent, Jimmy Dean Harris, was not intellectually disabled and in not crediting the testimony of the one dissenting doctor, who has been censured, used an outdated test, made no assessment of adaptive functioning and disregarded the influence of factors he acknowledged could influence IQ test scores.

Proceedings & orders timeline

Mar 2, 2020
Petition for a writ of certiorari filed. (Response due April 9, 2020)
Mar 18, 2020
Motion to extend the time to file a response from April 9, 2020 to May 11, 2020, submitted to The Clerk.
Mar 19, 2020
Motion to extend the time to file a response is granted and the time is extended to and including May 11, 2020.
May 11, 2020
Brief of respondent Jimmy Dean Harris in opposition filed.
May 11, 2020
Motion for leave to proceed in forma pauperis filed by respondent Jimmy Dean Harris.
May 22, 2020
Reply of petitioner Tommy Sharp, Interim Warden filed.
May 26, 2020
DISTRIBUTED for Conference of 6/11/2020.
Jun 15, 2020
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jun 15, 2020
Petition DENIED.

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