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THOMAS v. ALLEN

No. 09-12869.

607 F.3d 749 (2010)

Kenneth Glenn THOMAS, Petitioner-Appellee, v. Richard F. ALLEN, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 27, 2010.

Attorney(s) appearing for the Case

J. Clayton Crehshaw, Beth Jackson Hughes, Montgomery, AL, for Allen.

Jerome T. Wolf, Teresa A. Ascencio, Sonnenschein, Nath & Rosenthal, LLP, Kansas City, MO, for Thomas.

Before DUBINA, Chief Judge, and BARKETT and WILSON, Circuit Judges.

DUBINA, Chief Judge:

Appellant, Richard Allen, Commissioner of the Alabama Department of Corrections, appeals the district court order granting Kenneth Glenn Thomas penalty phase habeas relief based on its finding that Thomas is mentally retarded and ineligible for execution pursuant to Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). Because we conclude that the district court did not clearly err in...

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