United States Fifth Circuit

In a capital murder case, an application for a Certificate of Appealability (COA) from a denial of habeas relief is denied where, on the record, reasonable jurists could not disagree with the district court's determination that a mental retardation claim, under Atkins v. Virginia, was beyond the reach of AEDPA relief.

Appellate Information

• Decided 02/15/2008
• Published 02/15/2008

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• William Stanley Harris, Fort Worth, TX, for Moore., Baxter Ryan Morgan, Austin, TX, for Quarterman.