In re: Warren Lee Hill, Jr., No. 15-10192 (11th Cir. 2015)
Annotate this CasePetitioner, scheduled for execution, filed a second, counseled application for permission to file a second or successive federal petition for a writ of habeas corpus under 28 U.S.C. 2254. The court denied the application because petitioner failed to meet the requirements of section 2244(b) with his proposed intellectual disability claim based on Hall v. Florida; petitioner's intellectual disability claim is not a new claim for section 2244(b) purposes; Hall v. Florida is not retroactive; even if Hall were active, Hall is materially different from this case; and, to the extent that petitioner brings a claim under section 2244(b)(2)(B), his pure sentencing claim does not meet the requirements of that provision and his Sawyer v. Whitley Argument is barred. Further, the court denied petitioner's request to certify questions to the Supreme Court.
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