· 8/13/2002
Danny Hill v. Carl Anderson, Warden
Citations
- 300 F.3d 679
- 2002 U.S. App. LEXIS 16187
- 2002 WL 1836589
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- combining petitioner's Atkins claim, raised for the first time on appeal, with habeas petition at issue in appeal
- remanding defendant’s claim to state courts to consider Atkins issue even though jury con- sidered evidence of mental retardation as mitigating factor in sentencing
- remanding Hill’s Atkins habeas claim to the Ohio state courts to “develop Nos. 02-5032; 08-5644 Black v. Bell Page 15 [their] own procedures for determining whether a particular claimant is retarded and ineligible for death”
- remanding this case to the Ohio courts so that Hill could exhaust his Atkins claim, while recognizing that the “Ohio courts reviewing his case have [already] concluded that Danny Hill is retarded and voluminous expert testimony supported this conclusion” (citation omitted)
- stating that Atkins applies retroactively
- “Ohio should have the opportunity to develop its own procedures for determining whether a particular claimant is retarded and ineligible for death”
Source: CourtListener parenthetical corpus (CC0).
Judges: Merritt, Moore, Clay
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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