Pizzuto v. Blades, No. 16-36082 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed the district court's denial of petitioner's successive habeas corpus petition challenging the Idaho Supreme Court's 2008 decision that his execution was not barred under an Idaho law prohibiting the execution of intellectually disabled offenders. Petitioner sought relief under Atkins v. Virginia, 536 U.S. 304 (2002), which held that the Eighth Amendment prohibits the execution of intellectually disabled persons.
The panel held that the record did not establish that the state court's adjudication of petitioner's Atkins claim resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court, or was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. Therefore, the district court properly denied habeas relief because section 2254(d) was not satisfied. Finally, the panel noted that its decision did not preclude the Idaho courts from reconsidering these questions in light of Hall v. Florida, 572 U.S. 701 (2014); Brumfield v. Cain, 135 S. Ct. 2269 (2015); and Moore v. Texas, 137 S. Ct. 1039 (2017), which were all decided after the state court's decision