Kilgore v. Secretary, FL Dept. of Corr., No. 13-11825 (11th Cir. 2015)
Annotate this CasePetitioner appealed the district court's denial of habeas corpus, arguing that he is ineligible for the death penalty under the Eighth Amendment and Atkins v. Virginia because he is intellectually disabled. The court concluded that the Florida Supreme Court did not unreasonably apply Atkins’s ban on the execution of the intellectually disabled by setting a bright-line IQ cutoff at 70. The court also concluded that the Supreme Court's recent decision in Hall v. Florida cannot be applied retroactively. Accordingly, the court affirmed the judgment.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.