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United States Eleventh Circuit


Hill v. Schofield, 08-15444

In a capital habeas matter, the denial of petitioner's habeas petition is reversed where Georgia's requirement of proof of mental retardation beyond a reasonable doubt necessarily would result in the execution of the mentally retarded, and thus the Georgia Supreme Court's decision was contrary to the clearly established rule of Atkins.

Appellate Information

  • Decided 06/18/2010
  • Published 06/18/2010

Judges

  • PER CURIAM:, Before BARKETT, HULL and MARCUS, Circuit Judges.

Court

  • United States Eleventh Circuit

Counsel

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