Roger Lee Cherry, Petitioner v. Julie L. Jones

Summary

Justice Pariente concurs with the majority that Roger Lee Cherry is entitled to a new evidentiary hearing to determine intellectual disability, citing the U.S. Supreme Court’s decision in Hall v. Florida as controlling. The concurrence explains that Florida’s bright‑line IQ cutoff is unconstitutional under the Eighth Amendment and that all three prongs of disability must be considered. It also notes that denying Hall’s benefit would constitute a manifest injustice. Justice Canady’s dissent, however, argues that Hall should not apply retroactively.