United States Fifth Circuit

In a habeas corpus case based on the prohibition against capital punishment for mentally retarded defendants, determination that defendant had failed to establish significantly subaverage general intellectual functioning is vacated and remanded where a supplemental affidavit questioning the administration and results of an IQ test should have been considered by the district court despite not having been introduced during the state habeas proceeding. (Republished opinion)

Appellate Information

• Decided 08/12/2008
• Published 09/10/2008

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before BARKSDALE, GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John E. Wright (argued), Huntsville, TX, James W. Volberding, Tyler, TX, for Lewis., Stephen M. Hoffman (argued), Austin, TX, for Quarterman.