Cherry v. Jones
Annotate this CasePetitioner was convicted of two counts of first-degree murder. A jury recommended sentences of death. The Supreme Court affirmed the convictions and one of the death sentences but vacated the other death sentence with instructions to enter a life sentence. In a later evidentiary hearing, experts testified that Petitioner met the criteria for intellectual disability. The circuit court denied relief, concluding that Petitioner did not meet the statutory definition of intellectual disability. The Supreme Court affirmed. Petitioner then filed this petition for writ of habeas corpus asserting that the Court should revisit its prior decision that Petitioner was not intellectually disabled based on the new standard imposed by Hall v. Florida. The Supreme Court granted the petition and remanded the case for an evidentiary hearing, holding that Petitioner was entitled to an evidentiary hearing to establish whether he has an intellectual disability.
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