United States Eighth Circuit

In a capital habeas matter, summary judgment for respondent is vacated where petitioner made a sufficient showing to entitle him to an evidentiary hearing on the issue of whether he was mentally retarded and, therefore, his execution would violate the Eighth Amendment under Atkins v. Virginia, 536 U.S. 304 (2002).

Appellate Information

• Decided 08/11/2010
• Published 08/11/2010

Judges

• Bobby E. Shepherd

Court

• United States Eighth Circuit

Counsel