United States Fifth Circuit

Plaintiff's presentation of additional evidence of mental retardation in federal court, beyond that which he presented in the state courts, is exhausted since it only supplemented his state Atkins v. Virginia, 536 U.S. 304 (2002), claim.

Appellate Information

• Decided 06/16/2005
• Published 06/17/2005

Judges

• DeMOSS, Circuit Judge:, Before HIGGINBOTHAM, DeMOSS and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael B. Charlton, Law Office of Michael B. Charlton, Alvin, TX, Gerald James Bierbaum (argued), Houston, TX, for Morris., Deni S. Garcia (argued), Austin, TX, for Dretke.