Legal Opinion

Davis v. Kelley

Court of Appeals for the Eighth Circuit

Decided April 17, 2017No. : 04-2192PublishedCited by 9 opinions

1Opinion of the Court

ORDER

2Per curiam

Don Williams Davis was convicted of capital murder in Arkansas and sentenced to death. His conviction and sentence were affirmed on direct appeal, and his petition for postconviction relief in state court was denied. On April 1, 2002, he then filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 in federal district court. While that petition was pending, the Supreme Court of the United States decided Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), holding that executing the intellectually disabled1 is “cruel and unusual punishment” prohibited by the…

3Cases cited17 opinions

  1. Schlup v. DeloSupreme Court of the United States · 1995
  2. Atkins v. VirginiaSupreme Court of the United States · 2002
  3. Herrera v. CollinsSupreme Court of the United States · 1993
  4. Gonzalez v. CrosbySupreme Court of the United States · 2005
  5. Ford v. WainwrightSupreme Court of the United States · 1986

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4Cited by9 opinions

  1. Williams v. KelleyCourt of Appeals for the Eighth Circuit · 2017
  2. Gary Ray Bowles v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2019
  3. United States v. Michael St. HubertCourt of Appeals for the Eleventh Circuit · 2019
  4. Alvin Jackson v. Dexter PayneCourt of Appeals for the Eighth Circuit · 2021
  5. Chadrick Fulks v. T. WatsonCourt of Appeals for the Seventh Circuit · 2021

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