The Supreme Court has granted certiorari in the following cases involving issues of interest to capital habeas litigators:
Hamm v. Smith, 24-872 (cert. granted June 6, 2025)
(case below: Smith v. Commissioner, 2024 WL 4793028 (11th Cir.))
Question presented:
Whether and how courts may consider the cumulative effect of multiple IQ scores in assessing an Atkins claim.
Click here to view the commissioner's certiorari petition. Note: the Supreme Court constructed the question presented rather than granting review on the questions expressly set forth in the commissioner's petition.
Villarreal v. Texas, 24-557 (cert. granted April 7, 2025)
Case below: ___ S.W.3d ___, 2024 WL 4446740 (Tex. Crim. App.)
Question presented:
Whether a trial court abridges the defendant’s Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant’s testimony during an overnight recess.
Click here to view the petition for writ of certiorari. Click here to view the argument transcript.
Bowe v. United States, 24-5438 (cert. granted Jan. 17, 2025)
Case below: 11th Cir. (unpublished)
Questions Presented:
Under 28 U.S.C. § 2244(b)(1), “[a] claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed.” (emphasis added).
The first question presented is:
Whether 28 U.S.C. § 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 28 U.S.C. § 2255.
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Under 28 U.S.C. § 2244(b)(3)(E), “[t]he grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition . . . for a writ of certiorari.” (emphasis added).
The second question presented is:
Whether 28 U.S.C. § 2244(b)(3)(E) deprives this Court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under 28 U.S.C. § 2255.
Click here to view the certiorari petition. Click here to view the argument transcript.