Danny Hill v. Carl Anderson

OPINION

MERRITT, Circuit Judge.

In this death penalty case out of Ohio, Danny Hill asserts in his habeas petition that he may not be executed because he is “intellectually disabled,” as now defined in three Supreme Court cases decided in the past fifteen years. 1 Atkins v. Virginia, 586 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), was decided and made retroactive after Hill was convicted of murder and sentenced to death, so although Hill raised his intellectual disability as a mitigating factor in the penalty phase of his trial, he was not afforded the constitutional' protections set forth…