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JACKSON v. NORRIS

No. 09-1229.

615 F.3d 959 (2010)

Alvin Bernal JACKSON, Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 11, 2010.

Attorney(s) appearing for the Case

Jeffrey M. Rosenzweig, argued, Little Rock, AR, for appellant.

Pamela Rumpz, AAG, argued, Little Rock, AR, for appellee.

Before RILEY, Chief Judge, SMITH and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

This is a petition for habeas corpus relief under 28 U.S.C. § 2254 brought by Alvin Jackson, an Arkansas prisoner facing execution. Jackson's petition, before us for the second time, asserts, as relevant here, that he is mentally retarded and, therefore, his execution would violate the Eighth Amendment under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (the "Atkins...

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