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· 5/1/2024

United States v. Clemons

Syllabus

n response to the Fourth Circuit's certified questions, the Court holds, under some circumstances, a person may be found guilty of Criminal Domestic Violence of a High and Aggravated Nature (CDVHAN), S.C. Code Ann. § 16-25-65, and Assault and Battery Second Degree (AB2d), S.C. Code Ann. § 16-3-600(D), with a mens rea of recklessness as defined by the Model Penal Code.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that new evidence to establish ineffective assistance of counsel does not constitute a new claim for purposes of §2244(b)(1)
  • requiring sufficient allegations of fact together with some documentation of mental retardation
  • defendant’s psychological disorders, alcohol abuse and personality disorder do not amount to mental retardation warranting the protection of Atkins
  • defendant’s psychological disorders, alcohol abuse and personality disorder do not amount to mental retardation warranting the protection of Atkins
  • “Thus, the key substantive question before this court is whether Bowling was mentally retarded at the time he committed the murders of James and Tina Early.” (emphasis added)
  • “[T]here is no indication that the psychologists who administered the IQ tests to Bowling would not have already considered the adequacy and accuracy of the testing mechanisms in calculating his scores or in using these instruments for evaluation in the first place.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.