Webster v. Daniels, No. 14-1049 (7th Cir. 2015)
Annotate this CaseWebster was convicted of a capital offense and sentenced to death. His guilt is not contested. At trial Webster introduced evidence from experts who concluded that his IQ is less than 70 and that he is retarded. The prosecutor responded with evidence from other experts who concluded that Webster is not retarded and was malingering to evade punishment. After unsuccessful direct appeal, the Fifth Circuit, where the crime and trial occurred, denied Webster’s application for permission to pursue a second collateral attack. Webster asked for collateral relief under 28 U.S.C. 2241 in the Indiana, where he is confined. Current counsel acquired records from his Social Security Administration application for disability benefits, before his trial. The SSA psychologist, plus two consulting physicians, concluded that he is retarded. The SSA nonetheless classified him as not disabled. The district court dismissed. The Seventh Circuit initially affirmed. On rehearing, en banc, the court reversed, citing the Supreme Court decision in Atkins v. Virginia, (2002), that the Constitution forbids the execution of persons who are retarded or unable to understand what capital punishment means and why they have been sentenced to die. If the district court concludes that Webster meets the requirements of Atkins, it should issue the writ stating that Webster is entitled to relief from the death penalty.
This opinion or order relates to an opinion or order originally issued on August 1, 2014.
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