HOOKS v. WORKMAN

Nos. 03-6049, 10-6076.

689 F.3d 1148 (2012)

Victor Wayne HOOKS, Petitioner-Appellant, v. Randall G. WORKMAN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

August 3, 2012.


Attorney(s) appearing for the Case

Patti Palmer Ghezzi , Assistant Federal Public Defender ( T. Kenneth Lee , Assistant Federal Public Defender, with her on the briefs), Oklahoma City, OK, for Petitioner-Appellant.

Jennifer Crabb , Assistant Attorney General ( E. Scott Pruitt , Attorney General, with her on the brief), Oklahoma Office of the Attorney General, Oklahoma City, OK, for Respondent-Appellee.

Before MURPHY, GORSUCH, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

In this consolidated appeal, Victor Wayne Hooks, an Oklahoma state prisoner facing the death penalty, appeals two orders of the district court denying him habeas relief. He seeks relief on three alternative grounds: (1) he is mentally retarded1 and thus categorically ineligible for the death penalty; (2) aspects of his mental-retardation trial ("Atkins trial") denied him his Fifth and Sixth Amendment rights...

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