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May 2, 2015

Seventh Circuit, in 6-5 en banc ruling, allows new federal 2241 review of Atkins claim based on new evidence

If you love to spend a spring weekend thinking through the statutes and policies that govern federal collateral review of federal death sentences — and really, who doesn't? — then the en banc Seventh Circuit has a great ruling for you.  Dividing 6-to-5, the Seventh Circuit in Webster v. Daniels, No. 14-1049 (7th Cir. May 1, 2015) (available here), decided that a federal death row inmate was "not barred as a matter of law from seeking relief under section 2241" to continue to pursue based on new evidence his claim that he was "so intellectually disabled that he is categorically ineligible for the death penalty under Atkins and Hall."

This following paragraph from the dissent authored by Judge Easterbrook highlights why this ruling took the majority many pages to reach and is controversial:  

Whether Webster is “retarded” was the principal issue at his trial and sentencing.  He raised his mental shortcomings as a mitigating factor, and four jurors found that they mitigate his culpability, but the jury still voted unanimously for capital punishment.  The sentencing hearing spanned 29 days, with abundant evidence.  The district judge found that Webster is not retarded within the meaning of §3596(c) and sentenced him to death. The Fifth Circuit affirmed on the merits and later affirmed a district court’s decision denying a petition under §2255 addressed to retardation.  If Webster is retarded, he is ineligible for the death penalty.  Whether he is retarded has been determined after a hearing, collateral review under §2255, and multiple appeals.  What Webster now wants is still another opportunity to litigate that question.  The majority gives Webster that opportunity in a new district court and a new circuit, setting up a conflict among federal judges.  Section 2255 is designed to prevent that, and prudential considerations also militate against one circuit’s disagreeing with another in the same case.

May 2, 2015 at 12:27 PM | Permalink

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Comments

what a joke decision. Idiots.

Posted by: federalist | May 5, 2015 12:27:48 AM

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