United States Tenth Circuit

In a death penalty case, a motion to file second or successive petition for writ of habeas corpus setting forth an Atkins claim of mental retardation is granted where, although the pendency of an appeal from the denial of a first petition does not obviate the need for authorization of newly raised claims, petitioner made the prima facie showing required for authorization to proceed under section 2244(b)(2)(A).

Appellate Information

• Decided 04/06/2007
• Published 04/09/2007

Judges

• PER CURIAM., Before TACHA, Chief Judge, BALDOCK, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James L. Hankins, Oklahoma City, Oklahoma, for Movant.


• For Appellees:
  
• Jennifer B. Miller, Assistant Attorney General (W.A. Drew Edmondson, Attorney General for Oklahoma, with her on the brief), Oklahoma City, Oklahoma, for Respondent.