Summary
refusing to find a right to a jury determination on intellectual disability, in part because “state and federal courts have rejected the argument that [intellectual disability] is an element of the offense which must be proven to a jury pursuant to [ Apprendi] and its progeny”
Summary of this case from United States v. WilliamsOpinion
No. CV-12-00318-PHX-PGR
12-03-2012
Joe Clarence Smith, Petitioner, v. Charles L. Ryan, et al., Respondents.
DEATH PENALTY CASE
ORDER
IT IS ORDERED that Petitioner's Unopposed Motion for 7-Day Extension of Time to File Habeas Petition (Doc. 23) is granted. The briefing schedule is reset as follows:
1. Petitioner shall file a Petition for Writ of Habeas Corpus no later than December 21, 2012.
2. Respondents shall file an Answer no later than February 19, 2013.
3. Petitioner shall file a Reply no later than March 21, 2013.
4. Any motion for evidentiary development shall be filed no later than April 11, 2013.
5. A response to any motion for evidentiary development shall be filed no later than May 2, 2013.
6. A reply to any response to a motion for evidentiary development shall be filed no later than May 13, 2013.
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Paul G. Rosenblatt
United States District Judge