Hill v. Shoop, No. 14-3718 (6th Cir. 2021)
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Hill’s death penalty sentence was imposed in 1986. Hill brought a habeas petition, arguing that he may not be executed because he is “intellectually disabled,” as defined in subsequent Supreme Court cases. In 2002 the Sixth Circuit remanded for consideration of the Supreme Court’s opinions on the subject. In 2018, the Sixth Circuit concluded that the Ohio courts unreasonably applied the Supreme Court’s three-part standard. The Supreme Court vacated.
On remand, the panel again granted Hill relief on his “Atkins” claim, but, following en banc review, affirmed the denial of habeas relief. Applying the Antiterrorism and Effective Death Penalty Act of 1996. the state court decision was not “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court” nor “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding,” 28 U.S.C. 2254(d). The Ohio court considered evidence of Hill’s past abilities including Hill’s medical history, public school records, and prior standardized test results, and evaluated criteria mentioned in Atkins such as intellectual functioning, adaptive skills, and the onset age of disability. In light of the evidence presented, it was not unreasonable for the Ohio court to rely on the reasoned judgment of two experts over another. Hill’s ineffective assistance of counsel claim fails on its merits.
This opinion or order relates to an opinion or order originally issued on February 2, 2018.
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