United States Eleventh Circuit

In a capital habeas matter, the district court's grant of the petition is affirmed where: 1) there was no Alabama precedent stating that when a capital offender has numerous IQ test scores during the developmental period, and one of those IQ scores is over 70, the court cannot find the offender mentally retarded; 2) petitioner showed, by a preponderance of the evidence, that he had significant subaverage intellectual functioning during the developmental period; and 3) the district court did not clearly err in its determination regarding petitioner's adaptive behavior during the developmental period.

Appellate Information

• Decided 05/28/2010
• Published 05/28/2010

Judges

• DUBINA, Circuit Judge:, Before DUBINA, Chief Judge, BARKETT and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel