United States Eighth Circuit

In a death penalty case, denial of a petition for a writ of habeas corpus is vacated and remanded where the district court erred in holding that petitioner had defaulted an eighth amendment claim under Atkins that his mental retardation made him ineligible for the death penalty.

Appellate Information

• Decided 06/27/2007
• Published 06/27/2007

Judges

• ARNOLD, Circuit Judge., Before RILEY, BOWMAN, and ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Jeffrey M. Rosenzweig of Little Rock, AR.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Joseph V. Svoboda, AAG, of Little Rock, AR.