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WOOD v. ALLEN

No. 06-16412.

542 F.3d 1281 (2008)

Holly WOOD, Petitioner-Appellee, Cross-Appellant, v. Richard F. ALLEN, Commissioner, Alabama Department of Corrections, Troy King, The Attorney General of the State of Alabama, Grantt Culliver, Warden, Respondents-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 16, 2008.

Attorney(s) appearing for the Case

Henry Mitchell Johnson, Montgomery, AL, for Respondents.

John J.P. Howley, Robert M. Grass (Court-Appointed), Kaye Scholer, LLP, New York City, Brady W. Mills, Troutman Sanders, LLP, Karen Rae Robinson, Kaye Scholer, LLP, Washington, DC, for Wood.

Before DUBINA, BARKETT and HULL, Circuit Judges.

HULL, Circuit Judge:

The State of Alabama appeals the district court's grant of the habeas writ to Holly Wood, which vacated his death sentence based on counsel's ineffective assistance in failing to investigate and offer sufficient mitigation evidence. Wood cross-appeals the denial of his claims that: (1) he is mentally retarded and ineligible for the death penalty under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153...

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