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WOODS v. QUARTERMAN

No. 06-70025.

493 F.3d 580 (2007)

Bobby Wayne WOODS, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 23, 2007.

Attorney(s) appearing for the Case

Richard Alley, Fort Worth, TX, for Woods.

Ellen Stewart-Klein, Austin, TX, for Quarterman.

Before BARKSDALE, DeMOSS and DENNIS, Circuit Judges.

DeMOSS, Circuit Judge:

In this successive habeas corpus appeal we must decide whether Petitioner Bobby Wayne Woods is ineligible for execution because he is mentally retarded. See Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). For the reasons set forth below, we agree with the district court that Woods has failed to show he is entitled to relief under the deferential...

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