United States Fourth Circuit

Death row inmate's habeas petition is denied where: 1) the state court did not err by rejecting his request for a second-degree murder jury instruction; 2) the relevant North Carolina statute reasonably requires an I.Q. of 70 or below in order to be ineligible for capital punishment because of mental retardation; and 3) the state court reasonably concluded that Petitioner's I.Q. exceeded 70, when he scored above 70 on some tests but below 70 on another test.

Appellate Information

• Decided 01/05/2009
• Published 01/05/2009

Judges

• Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Elizabeth Ann Hambourger, Center for Death Penalty Litigation, Durham, North Carolina, for Appellant.  Diane Appleton Reeves, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.   ON BRIEF:  Gretchen M. Engel, Center for Death Penalty Litigation, Durham, North Carolina, for Appellant.  Roy Cooper, North Carolina Attorney General, Raleigh, North Carolina, for Appellee.  Burton Craige, Patterson Harkavy, L.L.P., Raleigh, North Carolina, for Amicus Supporting Appellant.