United States Fifth Circuit

Denial of defendant's successive habeas petition is affirmed where, in the context of an Atkins claim, the district court did not err in affirming a state court as to the "significantly sub-average intellectual functioning" element of mental retardation and the district court did not err in considering only that element.

Appellate Information

• Decided 07/20/2006
• Published 07/21/2006

Judges

• DENNIS, Circuit Judge:, Before DAVIS, GARZA and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James A. Rasmussen, Rasmussen Law Office, Wichita Falls, TX, for Clark., Tomee Morgan Heining, Austin, TX, for Quarterman.