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HILL v. HUMPHREY

No. 08-15444.

662 F.3d 1335 (2011)

Warren Lee HILL, Jr., Petitioner-Appellant, v. Carl HUMPHREY, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 22, 2011.

Attorney(s) appearing for the Case

Mark Evan Olive , Law Offices of Mark E. Olive, P.A., Tallahassee, FL, Brian S. Kammer and Thomas H. Dunn (Court-Appointed), Georgia Resource Ctr., Atlanta, GA, for Petitioner-Appellant.

Patricia Beth Attaway Burton , GA Law Dept., Atlanta, GA, for Respondent-Appellee.

Before DUBINA, Chief Judge, and TJOFLAT, EDMONDSON, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR, MARTIN and BLACK, Circuit Judges.

HULL, Circuit Judge:

In 1996 state habeas proceedings, Warren Lee Hill, Jr. unsuccessfully alleged that he is mentally retarded and ineligible for the death penalty. Hill, a Georgia death row inmate, was able to raise this claim in 1996, well before the Atkins decision1 was issued in 2002, because in 1988 the State of Georgia led the nation by abolishing the death penalty for mentally...

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