Akil Jahi, aka Preston Carter v. Tennessee

Although this Court held in Atkins v. Virginia, 536 U.S. 304 (2002), that intellectually disabled individuals are constitutionally ineligible for the death penalty, the Court left the initial integration of medical and legal standards to the lower courts. After more than a decade of substantive development, the Court established in Hall v. Florida, 572 U.S. 701 (2014), that courts must follow medical expertise by considering factors like the standard error of measure (SEM) when evaluating standardized tests of intellectual quotient (IQ) to assess intellectual disability. Thereafter, in Moore v. Texas, 137 S. Ct. 1039 (2017), the Court showed by example that the individuals whose intellectual disabilities were recognized in Hall are entitled to those constitutional protections, even on collateral review. The questions presented are:

1. Does Hall v. Florida, 572 U.S. 701 (2014) apply retroactively to cases on collateral review?

2. Does Moore v. Texas, 137 S. Ct. 1039 (2017) apply retroactively to cases on collateral review?

3. Should this Court grant certiorari, vacate the judgment below, and remand for reconsideration in light of Moore v. Texas, 137 S. Ct. 1039 (2017), or summarily reverse and remand for further proceedings not inconsistent with Moore?