In Re: John Ruthell Henry
John Ruthell Henry, a Florida death-row prisoner scheduled for execution the next day, sought authorization to file a second or successive federal habeas petition after Hall v. Florida invalidated Florida’s rigid IQ cutoff for identifying intellectual disability. Henry alleged that he was intellectually disabled and relied on a decades-old IQ score of 78, claimed adaptive-functioning deficits, and argued that Hall allowed him to develop an Eighth Amendment bar to execution. The Eleventh Circuit denied authorization under 28 U.S.C. § 2244(b). The majority treated Hall as a new constitutional rule but held that the Supreme Court had not made it retroactive to cases on collateral review. It also held, alternatively, that Henry could not show a reasonable likelihood of benefiting from Hall because he identified no IQ score of 75 or below and had no expert opinion supporting intellectual disability. Because he failed the successive-petition requirements, the Court denied his request for a stay of execution. Judge Martin dissented, arguing that the Court should avoid deciding retroactivity under the emergency circumstances and that Hall was substantive and retroactive, while Henry’s allegations warranted one opportunity for a full determination. The application and stay motion were denied.
Loading published copy…

