Bowles v. Florida

1. Must an intellectually disabled person be allowed to raise a claim that he is “actually innocent of the death penalty” because of his intellectual disability notwithstanding an otherwise applicable procedural bar, as the Fourth and Sixth Circuits have held, or may such a claim be time barred, as the Fifth Circuit, Eleventh Circuit, Tennessee Supreme Court, and Florida Supreme Court have held? 2. Does the Florida Supreme Court’s procedural bar violate the Eighth Amendment by creating an unacceptable risk of executing a person who is intellectually disabled?