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TENNARD v. DRETKE

No. 00-20915.

442 F.3d 240 (2006)

Robert James TENNARD, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 1, 2006.

Attorney(s) appearing for the Case

Robert Charles Owen, Owen & Rountree, Jordan Meyer Steiker (argued), University of Texas School of Law, Austin, TX, Richard H. Burr, III, Burr & Welch, Hugo, OK, for Tennard.

Edward Larry Marshall (argued), Austin, TX, for Dretke.

Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

Petitioner Robert James Tennard appeals the district court's denial of his habeas corpus petition. Because the Texas courts were objectively unreasonable under applicable Supreme Court Eighth and Fourteenth Amendment jurisprudence in concluding that Tennard's jury had an adequate vehicle during the capital sentencing phase to give mitigating effect to relevant evidence of a low intelligence quotient ("IQ"), we reverse the district court's...

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