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Coverage by Bryan K. Randolph · BrynoDC
Guerrero v. Johnson
No. 25-1003 SCOTUS · Active SCOTUS
The Law · How the Case Works
Overview
Overview
Dexter Johnson, on Texas death row, seeks to bring a second federal habeas petition raising an intellectual-disability claim under Atkins v. Virginia, which is normally barred as successive unless it rests on a new, previously unavailable rule of constitutional law. The Fifth Circuit held that a claim counts as previously unavailable only if it had a realistic chance of succeeding earlier, deepening a split with other circuits. The Supreme Court will decide how that gatekeeping rule applies.
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