Hamm v. Smith · ¶11

Smith next petitioned for federal habeas relief in the District Court for the Southern District of Alabama. The District Court initially denied his petition, but the Eleventh Circuit reversed. The Court of Appeals held that the District Court wrongly deferred to the Alabama Court of Criminal Appeals' decision under 28 U. S. C. § 2254(d) and remanded for the District Court to conduct a de novo inquiry into whether Smith is intellectually disabled under Alabama's definition of intellectual disability. Smith v. Campbell, 620 Fed. Appx. 734 (CA11 2015). Alabama did not file a petition for a writ of certiorari to this Court.

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