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May 31, 2014

Looking at some killers benefiting from SCOTUS Eighth Amendment ruling in Hall

As I noted earlier this week when the Supreme Court's handed down its ruling in Hall v. Florida (opinion here, basics here), the Justices' Eighth Amendment decision will be a big deal for the administration of capital punishment in those states with lots of murderers on death row and/or for those states that have been applying Atkins in restrictive ways.  Following up these themes, today's New York Times has this lengthy front-page article looking at some of the death row defendants likely to be grateful for the decision.  The piece is headlined "On Death Row With Low I.Q., and New Hope for a Reprieve,"  and here are excerpts: 

For Ted Herring, who has spent 32 years on Florida’s death row for murdering a store clerk, signs of intellectual disability arose early and piled up quickly: He repeated first grade and got D’s and F’s through fourth grade. He read like a fourth grader at 14 and did not know that summer followed spring....

His intellectual disability was even obvious to a Florida judge, who found him “mentally retarded” and took him off death row 18 years after his original sentence. At 19, in 1981, Mr. Herring murdered a Daytona Beach 7-Eleven clerk, robbed the store and walked away with $23.84. But because Mr. Herring’s I.Q. scores were 72 and 74, just over the “bright line” cutoff of 70 used by Florida to determine intellectual aptitude, the Florida Supreme Court returned him to death row.

When the Supreme Court ruled this week that states can no longer rely on a fixed I.Q. score cutoff to decide intellectual competency, it increased the likelihood that Mr. Herring and other death row inmates like him will have a chance to avoid execution. Fewer defendants are also less likely to wind up on death row in the future because their claims of intellectual disabilities will be not be as readily discounted by the courts.

The ruling affects roughly 30 death row inmates. The number is low because the vast majority of states follow modern standards of determining intellectual disabilities, going beyond using a single number to be considered disabled. But in those states that will be affected, death row inmates with low, but not low enough, I.Q. scores that have been previously rejected or never put forward can now seek to have their sentences reconsidered....

In Florida, 15 to 20 inmates — perhaps the largest number in the country — will probably seek to overturn their death sentences because of the decision... “Florida has the third largest death row in the country and was the state that was the leader in doing this — the bright-line cutoff,” said William Henniss III, who said he had two clients who would most likely seek redress. “Expect there to be more cases like this.”

In Kentucky, five of 34 death row inmates are also likely to ask for new hearings based on the decision, said David Barron, an assistant public advocate who handles post-conviction cases.

Some of them, like Thomas Bowling, who was sentenced to death after killing a married couple in 1990, are likely to explore what the new I.Q. range will be in Kentucky, where 70 has been the cutoff. Mr. Bowling, who claimed on appeal that he was intellectually disabled, repeated the ninth grade several times before dropping out. But the appeals court rejected his claim because his most recent scores, the ones they viewed as most reliable, were in the 80s....

In Virginia, Alfredo R. Prieto is likely to seek a hearing based on is low I.Q. scores, which ranged between 70 and 75, said his lawyer, Cary B. Bowen. Those scores, Mr. Bowen said, “kind of fall in line” with the I.Q. range described in the Supreme Court decision as the kind that should not be rejected simply because they do not meet a cutoff. Mr. Prieto, who is from El Salvador and whose lawyers argued that he was scarred by the violence he saw there during the country’s civil war, is on Virginia’s death row for the 1988 murders of two people. He faces the death penalty for a murder in California, as well, and has been linked to others.

Recent posts on Hall:

May 31, 2014 at 04:12 PM | Permalink

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My question after Hall is will we see Atkins now creep into lwop sentences? If it does, Hall could have a very big impact.

Posted by: tmm | Jun 2, 2014 9:18:05 AM

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