In re: John Ruthell Henry

757 F.3d 1151, 2014 WL 2748288, 2014 U.S. App. LEXIS 11398
Court of Appeals for the Eleventh Circuit·Decided June 17, 2014·No. 14-12623·Published·Cited by 87 cases

Opinions

MARCUS, Circuit Judge:

Petitioner John Ruthell Henry, a Florida prisoner scheduled to be executed at 6:00 p.m. on June 18, 2014, has just filed with this Court an emergency application [1153] for leave to file a second or successive federal habeas corpus petition based on 28 U.S.C. § 2244(b) and the United States Supreme Court’s recent decision in Hall v. Florida, — U.S. -, 134 S.Ct. 1986, 188 L.Ed.2d 1007 (2014). He also seeks a stay of execution pursuant to 28 U.S.C. § 2251. Henry alleges that he is intellectually disabled and, therefore, cannot be executed consistent with the command of the Eighth Amendment ban on cruel and unusual punishment.

After thorough review, we deny the application because Henry cannot circumnavigate the stringent requirements for leave to file a second or successive petition found in § 2244(b). His petition fails for two independent reasons: first, the rule enunciated in Hall v. Florida has not been made retroactive by the United States Supreme Court; moreover, even if it had been, he has not shown a reasonable likelihood that he would benefit from the rule in Hall.

The essential facts and relevant procedural history are these. Shortly before Christmas 1985, Petitioner went to Pasco County to speak to his estranged wife Suzanne Henry. Before he arrived, he had smoked crack cocaine. The couple began to argue during his visit, and the dispute ended when Henry killed Suzanne by stabbing her repeatedly in the throat at least thirteen times. The petitioner told investigators that Suzanne initially grabbed the knife to stab him; but he overpowered her, secured the knife, and then killed her. He then took Eugene Christian-Suzanne’s five-year old son from another marriage — to Hillsborough County. Hours later, Henry killed Eugene by repeatedly stabbing him in the throat.1

Henry was convicted of the first-degree murder of Suzanne and received a sentence of death. The Florida Supreme Court, however, reversed his conviction and sentence. Henry v. State, 574 So.2d 73 (Fla.1991) (per curiam). Henry was tried and convicted again and sentenced to death, and the Florida Supreme Court affirmed the conviction and sentence on direct appeal. Henry v. State, 649 So.2d 1366 (Fla.1994) (per curiam), cert, denied, 515 U.S. 1148, 115 S.Ct. 2591, 132 L.Ed.2d 839 (1995). He then sought post-conviction relief under Florida Rule of Criminal Procedure 3.850, but the state courts denied his application. Henry v. State, 862 So.2d 679 (Fla.2003) (per curiam). Henry then proceeded to file his first federal petition for a writ of habeas corpus under 28 U.S.C. § 2254 in the United States District Court for the Middle District of Florida. He argued only that counsel had been ineffective; no claim for mental retardation was made. The district court denied his petition and we affirmed. Henry v. Sec’y, Dep’t of Corr., 490 F.3d 835 (11th Cir.2007) (per curiam).2

[1154] Henry is set to be executed for the murder of Suzanne Henry on Wednesday, June 18, 2014, at 6:00 p.m. under a death warrant that Governor Scott signed on May 2, 2014. On May 5, the Florida Supreme Court issued a scheduling order that set a deadline of May 19 by which time all proceedings were to be completed in state circuit court. The next day, May 6, a Florida circuit court in Pasco County issued a scheduling order that directed Henry to file any postconviction motion by Friday, May 9.

Henry’s counsel opted not to file any petition for collateral relief in the state circuit court. Instead, on May 7, Henry’s counsel formally asked the Governor to authorize a determination of Henry’s sanity, and thus his fitness for execution, as provided in § 922.07 of the Florida Statutes.3 On May 12, Governor Scott granted Henry’s request and appointed a panel of three psychiatrists. The panel of mental health experts submitted - a report to the Governor that concluded “with reasonable medical certainty that (1) Mr. Henry does not suffer from any DSM-5 psychiatric illness or intellectual disability (formerly referred to as mental retardation in DSMIV), and (2) understands the nature and effect of the death penalty and why it is imposed on him.” Thereafter, in Executive Order 14-169, signed on May 20, Governor Scott dissolved the temporary stay of execution, which left the death warrant “in full force and effect.”

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In re: John Ruthell Henry, 757 F.3d 1151, 2014 WL 2748288, 2014 U.S. App. LEXIS 11398 (11th Cir. 2014).

757 F.3d 1151 (In re: John Ruthell Henry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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