Roger Lee Cherry, Petitioner v. Julie L. Jones

Summary

The court granted Roger Lee Cherry's habeas petition and remanded for an evidentiary hearing on whether he meets the remaining criteria for intellectual disability. It held that the prior use of a rigid IQ cutoff could not foreclose consideration of the standard error of measurement and the other interrelated criteria governing intellectual-disability determinations. Justice Pariente concurred in the result and emphasized the constitutional magnitude of correcting the prior error, while Justice Canady, joined by Justice Polston, would have denied relief because the new constitutional rule should not apply retroactively.