In re: Warren Hill, Jr., No. 13-10702 (11th Cir. 2013)
Annotate this CasePetitioner was serving a life sentence for murdering his girlfriend when he murdered a fellow inmate. A jury convicted him of malice murder and imposed a death sentence. This case came before the court on petitioner's application, under 28 U.S.C. 2244(b)(3)(A), for permission to file a second or successive federal petition for a writ of habeas corpus under 28 U.S.C. 2254 in the district court. The court denied the application because petitioner's claim of mental retardation, proposed in his successive petition, was already presented in his first petition and was barred by the statutory prohibition in section 2244(b)(1). Further, petitioner's mental retardation claim challenged only his eligibility for a death sentence, and not whether he was "guilty of the underlying offense," and thus did not fall within the narrow statutory exception in section 2244(b)(2)(B)(ii).
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