Warren Lee Hill, Jr. v. Carl Humphrey

TJOFLAT, Circuit Judge, specially

concurring:

I concur only in the court’s judgment. I cannot quibble with the court’s finding that Supreme Court precedent does not prevent the State of Georgia from applying a beyond-a-reasonable-doubt standard to Hill’s claim that he is mentally retarded. However, I do not believe we ought to reach this conclusion for two reasons. First, burdens of proof are procedural rules and are governed by laws pertaining to procedural due process. Second, Hill raised his mental retardation claim — and the associated claim regarding the beyond-a-reasonable-doubt standard…