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October 21, 2013

SCOTUS grants cert on federal restitution and state Atkins application cases

I was actually starting to get a bit sad and worried that the US Supreme Court, after a few consecutive years of taking up a host of interesting and important sentencing issues, had decided this term to give little or no attention to the kinds of issues that serve as an obsession for me and this blog.  But, thanks to two cert grants this morning, my belief that the Justices love the sentencing issues I love (or at least my faith that these issues are often too important for SCOTUS to ignore) has been restored.  Here is the early report on these latest grants via SCOTUSblog:

The Supreme Court moved on Monday to settle a long-lingering issue: the legal standard for judging whether a person is too retarded mentally to be executed for a murder.  That is the issue in Hall v. Florida (docket 12-10882).  The Court also agreed to hear a second case, on the scope of restitution as a penalty for bank loan fraud.  That is the issue in Robers v. U.S. (12-9012).....

The new death penalty case from Florida raised this issue: “Whether the Florida scheme for identifying mentally retarded defendants in capital cases violates Atkins v. Virginia.”  In that 2002 decision, the Supreme Court had ruled that it is unconstitutional under the Eighth Amendment to execute individuals who are found to be mentally retarded.  The Court, however, left it to the states to decide who is mentally retarded and thus cannot be given the death penalty.

In the new case, attorneys for Freddie Lee Hall contended that Florida courts have adopted a “bright line” rule that a person is not mentally retarded unless their IQ falls below 70.  The state Supreme Court found that Hall had an IQ of 71.  In an earlier stage of Hall’s case, before the Supreme Court had decided the Atkins case, he had been found to be mentally retarded, the petition said.

The Hall case is certain to get lots of attention, and perhaps justifiably so.  That case is, arguably, the first "major" capital criminal procedure case to be taken up by the Supreme Court in a number of years (and certainly the biggest one I can think of since Justices Kagan and Sotomayor joined the Court).  And a ruling in Hall will necessarily have a some impact on all post-Atkins litigation in all death-penalty states. 

Robers, in contrast, will likely get very little attention because the case appears only focus on a relative narrow and technical issue as to the application of a federal restitution statute.  Nevertheless, even if the briefing in Robers ends up focused only on narrow and technical issues, I suspect the white-collar  bar (as well as corporate counsel in various industries) will want to keep an eye on this case because its resolution could impact an array of corporate crime and punishment issues.

As I will surely cover in future posts as these cases get briefed and argued in early 2014, Hall and Robers both could become "super sleepers" of the current SCOTUS Term because both cases have lurking Fifth and Sixth Amendment issues that could (but likely will not) grab some Justices' attention.  In both cases, critical facts that impact a defendant's sentence exposure are to be assessed and resolved by judges.  Though I do not believe Apprendi-type Fifth and Sixth Amendment claims are being pressed by the defendants in these cases, it is certainly possible that some amici and some Justices will contend that Fifth and Sixth Amendment jurisprudence ought to impact how the issues in Hall and Robers get resolved.

October 21, 2013 at 10:15 AM | Permalink

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Comments

When I read the Florida Supreme Court's opinion along with the well written dissents, I knew this would be granted. Especially after the relistings.

Posted by: DaveP | Oct 21, 2013 10:49:24 AM

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