Opinion · Supreme Court of the United States
Schriro v. Smith
546 U.S. 6
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 2005-10-17
- Topic
- litigation
holding that the Ninth Circuit erred in commanding Arizona courts to conduct a jury trial to resolve mental-retardation claim | holding that the Ninth Circuit erred in requiring Arizona courts to conduct a jury trial to resolve mental-retardation claim | holding that the Ninth Circuit erred by commanding the Arizona courts to conduct a jury trial to resolve defendant’s mental-retardation claim | holding that the Ninth Circuit erred by commanding the Arizona courts to conduct a jury trial to resolve defendant’s claims of mental retardation | holding that the Ninth Circuit erred in commanding Arizona courts to conduct a jury trial to resolve mental-retardation claim | holding that the Ninth Circuit erred in commanding Arizona courts to conduct a jury trial to resolve mental-retardation claim | holding that the Ninth Circuit erred in requiring Arizona courts to conduct a jury trial to resolve mental-retardation claim | concluding Ninth Circuit erred when it preemptively ordered Arizona to use jury trial procedures to resolve Atkins claims | concluding Ninth Circuit erred when it preemptively ordered Arizona to use jury trial procedures to resolve Atkins claims | refusing to adjudicate preemptively which approach would comply with Atkins and remanding the case so that the State would “ha[ve] a chance to apply its chosen procedures” | awarding 9 |{$5,000.00 in attorneys’ fees pursuant to 28 U.S.C. § 1447(c | “[A]s a matter of substantive federal arbitration law, an arbitration provision is 9 severable from the remainder of the contract.” | “Arizona had not even had a chance to apply its chosen procedures when the Ninth Circuit pre- emptively imposed its jury trial condition.” | “Arizona had not even had a chance to apply its chosen procedures when the Ninth Circuit pre- emptively imposed its jury trial condition.” | summarily vacating a Ninth Circuit order remanding a habeas petition to the Arizona courts for a jury to make the Atkins determination, and emphasizing that Atkins left enforcement to the states | summarily vacating a Ninth Circuit order remand- ing a habeas petition to the Arizona courts for a jury to make the Atkins determination, and emphasizing that Atkins left enforcement to the states
Citator
- Cited by
- 41 opinions
In 1982, an Arizona jury convicted respondent Robert Douglas Smith of first-degree murder, kidnaping, and sexual assault. He was sentenced to death. The convictions and sentence were affirmed on direct appeal, and Smith’s state petitions for posteonviction relief proved unsuccessful. Smith then filed a petition for a writ of habeas corpus in the United States District Court for the District of Arizona. In none of these proceedings did Smith argue that he was mentally retarded or that his mental retardation made him ineligible for the death penalty. Smith had, however, presented *7 evidence in mitigation during the sentencing phase of his trial showing that he had low intelligence.
The District Court denied Smith’s petition for habeas corpus in 1996. Following several rounds of appeals, remands, and petitions for certiorari to this Court (including one successful petition by the State, see Stewart v. Smith, 536 U. S. 856 (2002) (per curiam)), and after we had issued our decision in Atkins v. Virginia, 536 U. S. 304 (2002), the case returned to the Ninth Circuit. Shortly thereafter, Smith asserted in briefing that he is mentally retarded and cannot, under Atkins, be executed. The Ninth Circuit ordered suspension of all federal habeas proceedings and directed Smith to “institute proceedings in the proper trial court of Arizona to determine whether the state is prohibited from executing [Smith] in accordance with Atkins.” App. to Pet. for Cert. A-2. The court further ordered that the issue whether Smith is mentally retarded must “be determined ... by a jury trial unless the right to a jury is waived by the parties.” Ibid.
The State’s petition for certiorari is granted, * the judgment of the Court of Appeals is vacated, and the case is remanded. The Ninth Circuit erred in commanding the Arizona courts to conduct a jury trial to resolve Smith’s mental retardation claim. Atkins stated in clear terms that “ ‘we leave to the State[s] the task of developing appropriate ways to enforce the constitutional restriction upon [their] execution of sentences.’ ” 536 U. S., at 317 (quoting Ford v. Wainwright, 477 U. S. 399, 416-417 (1986); modifications in original). States, including Arizona, have responded to that challenge by adopting their own measures for adjudicating claims of mental retardation. While those measures might, in their application, be subject to constitutional challenge, Arizona had not even had a chance to apply its chosen proee- *8 dures when the Ninth Circuit pre-emptively imposed its jury trial condition.
Because the Court of Appeals exceeded its limited authority on habeas review, the judgment below is vacated, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Srmth’s motion to proceed informa pauperis is also granted.