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James Randall Rogers v. Warden, Georgia Diagnostic & Classification Prison — 11th Cir. (Oct 14, 2026)

No. 24-13080 Argued October 14, 2026 Published October 16, 2026

The Eleventh Circuit hears a Georgia death-penalty appeal brought by James Randall Rogers. Rogers was convicted in nineteen eighty-five of murdering Grace Perry in Rome, Georgia, and sentenced to death. One part of the prosecution's evidence was testimony linking a bite mark on his arm to Perry's dentures. Rogers challenges that evidence in light of later scientific developments, while the state maintains that other evidence supports the conviction. A separate jury trial in two thousand five rejected his claim of intellectual disability. That issue concerns eligibility for execution: Atkins holds that a person with intellectual disability may not be executed. After additional state challenges, a federal district court denied another habeas petition; this is the appeal from that denial. Federal habeas review considers whether custody violates federal law; it is not a new jury trial. You will hear AEDPA, the Antiterrorism and Effective Death Penalty Act, which restricts repeated federal challenges. Under Section twenty-two forty-four, b, a petition that legally counts as second or successive requires prior permission from the court of appeals. That label does not mean every petition filed later in time; a new judgment can change the analysis. You will also hear Rhines, which allows limited stay-and-abeyance: pausing a federal petition while unexhausted claims are presented to the state courts. That requires good cause for failing to exhaust, potential merit, and no intentional delay.

James Randall Rogers v. Warden, Georgia Diagnostic & Classification Prison (No. 24-13080) — U.S. Court of Appeals for the Eleventh Circuit, argued October 14, 2026.

Sources
Case and argument date — official recording archive:https://www.ca11.uscourts.gov/oral-argument-recordings?page=0
Prior factual and procedural background — actual state-court orders, especially PDF pages 13–17, 21–22 and 60–72; not this appeal’s outcome:https://www.supremecourt.gov/DocketPDF/18/18-7594/90108/20190228141035335_Rogers%20BIO%20Appendix.pdf
Scientific-evidence challenge — Rogers’s reply in the separate state-new-trial proceeding, Supreme Court docket 25-5532:https://www.supremecourt.gov/DocketPDF/25/25-5532/384393/20251113140108698_2025.11.13%20Rogers%20Cert%20Reply.pdf
State’s position, evidence and link to this federal appeal — opposition in the separate state-new-trial proceeding, especially PDF pages 8–15:https://www.supremecourt.gov/DocketPDF/25/25-5532/383128/20251030143625489_Rogers%20EMNT%20BIO%20Final.pdf
Repeated federal habeas applications — 28 U.S.C. §2244:https://www.govinfo.gov/link/uscode/28/2244
Federal review of state custody and exhaustion — 28 U.S.C. §2254:https://www.govinfo.gov/link/uscode/28/2254
Second-or-successive terminology and a new judgment — Magwood, 561 U.S. 320, 330–333; general precedent:https://www.govinfo.gov/content/pkg/USREPORTS-561/pdf/USREPORTS-561-320.pdf
Stay-and-abeyance — Rhines, 544 U.S. 269, 273–278; general precedent:https://www.govinfo.gov/content/pkg/USREPORTS-544/pdf/USREPORTS-544-269.pdf
Intellectual disability and IQ measurement uncertainty — Hall v. Florida, 572 U.S. 701, 710–714; general doctrine, not a finding about Rogers:https://www.govinfo.gov/content/pkg/USREPORTS-572/pdf/USREPORTS-572-701.pdf
Flynn effect and measurement terminology — separate N.D. Georgia order, February 26, 2014, PDF pages 5–7; no present-day score cutoff or Rogers finding imported:https://www.govinfo.gov/content/pkg/USCOURTS-gand-1_02-cv-01515/pdf/USCOURTS-gand-1_02-cv-01515-3.pdf

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