TAYLOR v. QUARTERMAN

No. 06-70045.

498 F.3d 306 (2007)

Elkie Lee TAYLOR, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 21, 2007.


Attorney(s) appearing for the Case

James A. Rasmussen (argued), Rasmussen Law Office, Wichita Falls, TX, for Taylor.

Laura Grant Berins (argued), Austin, TX, for Quarterman.

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Elkie Lee Taylor appeals the district court's denial of Certificate of Appealability (COA), principally raising an Atkins claim. We deny COA.

I

The petitioner first argues that the federal district court improperly merged two statutory standards of review—the "clear and convincing" burden requirement of section 2254(e)(1) and the "objectively unreasonable" standard of section 2254(d)(2)—...

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