United States Eighth Circuit

Denial of a petition for habeas corpus is affirmed in part and reversed in part where: 1) the district court should have granted petitioner's request for an evidentiary hearing on his mental retardation claim since Atkins v. Virginia, 536 U.S. 304 (2002) created a new federal claim not in existence at the time of the proceedings in state court; 2) the existence of a similar claim under state law is irrelevant; 3) petitioner alleged sufficient facts in order to obtain an evidentiary hearing on his mental retardation claim; 4) petitioner's ineffective assistance claim was not properly before the court; and 5) the government forfeited its statute of limitations claim.

Appellate Information

• Decided 01/23/2009
• Published 01/23/2009

Judges

• RILEY, Circuit Judge., Before RILEY, BRIGHT, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Julie Brain, AFPD, argued, Little Rock, AR, for appellant.


• For Appellees:
  
• Kelly Hill, Senior AAG, Little Rock, AR, for appellee.