Bill Turner (no relation to "Bootstrap Bill") files 2244 petition. After petition is filed, Supreme Court rules that mentally retarded prisoner cannot be executed. District court expressly states it is not ruling with prejudice to Turner's ability to raise mental retardation in subsequent 2244 petition. Turner raises his alleged mental retardation in a subsequent 2244 petition and the Eleventh holds:
"...Turner has failed to demonstrate that there is a reasonable likelihood that he is in fact mentally retarded. Therefore, he has not satisfied the requirement of § 2244(b)(3)(C) that he make a prima facie showing that he is entitled to file a successive § 2254 petition asserting a claim under Atkins."
In other words - we will deny you the right to prove your alleged mental retardation because we don't think you can. Now go die.
How's that for "process" under the new and improved "effective" death penalty?
2 comments:
This blog sucks!
that's crazy- and sad. Is that really the whole basis for the opinion (asks those of us too lazy to inspect the opinion ourselves- Thank you Chef)?
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