In Re Gary Ray Bowles

Issues: (1) Whether this Court should use its power to grant a writ of habeas corpus to a capital defendant who has no other available forum to raise his compelling claim of intellectual disability; (2) whether 28 U.S.C. Section 2244(b)(2)(B)(ii) permits a habeas petitioner to file a successive habeas petition based on a claim that he is innocent of the death penalty; and (3) whether a state’s diagnostic standards for intellectual disability deemed unconstitutional by this Court after a petitioner’s initial habeas proceedings render an Atkins v. Virginia claim previously unavailable for the purposes of 28 U.S.C. Section 2244(b)(2)(A).