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LEWIS v. QUARTERMAN

No. 07-70024.

541 F.3d 280 (2008)

Rickey Lynn LEWIS, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 12, 2008.

Attorney(s) appearing for the Case

John E. Wright (argued), Huntsville, TX, James W. Volberding, Tyler, TX, for Lewis.

Stephen M. Hoffman (argued), Austin, TX, for Quarterman.

Before BARKSDALE, GARZA and BENAVIDES, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Rickey Lynn Lewis appeals the denial, pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), of his successive-habeas claim, under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (execution of mentally-retarded defendant cruel and unusual punishment prohibited by Eighth Amendment). The issue for which the district court granted a certificate...

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