In re: John Ruthell Henry
757 F.3d 1151
| 11th Cir. | 2014Background
- Henry, a Florida death-row inmate, seeks leave to file a second or successive habeas petition under § 2244(b) based on Hall v. Florida (2014) arguing intellectual disability bars execution.
- Hall held that IQ scores within the test’s margin of error require additional evidence of adaptive deficits to support an intellectual-disability claim.
- Court applies § 2244(b)(2) strict retroactivity and merit standards before authorizing a second petition.
- Majority holds Hall is not retroactive to collateral review and Henry fails to show a prima facie basis to warrant further exploration.
- Section 922.07 governs governor-ordered competency evaluations for execution, not intellectual-disability determinations; Florida courts previously denied Henry’s intolerance claim.
- Record shows Henry’s only IQ score is 78 from 1986, with recent examinations finding no intellectual disability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity of Hall under § 2244(b)(2)(A) | Henry argues Hall is retroactive. | Court finds Hall not retroactive. | Hall not retroactive under § 2244(b)(2)(A). |
| Hall as a new rule under Teague | Hall imposed a new rule on intellectual disability. | Hall is not retroactive; no new rule dictates retroactivity. | Hall announced a new rule but not retroactive under Teague § 2244(b)(2)(A). |
| Sufficiency of prima facie showing under § 2244(b)(2)(A) | Henry made a prima facie showing that Hall could help his case. | Henry failed to meet prima facie showing; no qualifying IQ score ≤75. | Henry failed to show a prima facie case warranting leave. |
| Impact of governor’s competency report on intellectual-disability claim | Governor’s panel findings should inform disability determination. | Findings were competency-focused and not determinative of ID. | Governor’s reports do not alter the § 2244(b) analysis; claim denied. |
Key Cases Cited
- Hall v. Florida, 134 S. Ct. 1986 (U.S. 2014) (new rule; requires adaptive deficits evidence within margin of error)
- Atkins v. Virginia, 536 U.S. 304 (U.S. 2002) (prohibits execution of intellectually disabled; informs Hall)
- Teague v. Lane, 489 U.S. 288 (U.S. 1989) (retroactivity framework for new rules)
- Tyler v. Cain, 533 U.S. 656 (U.S. 2001) (retroactivity can be established by multiple holdings; not just express holdings)