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LEWIS v. THALER

No. 10-70031.

701 F.3d 783 (2012)

Rickey Lynn LEWIS, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 20, 2012.

Attorney(s) appearing for the Case

James Wesley Volberding (argued), Tyler, TX, for Petitioner-Appellant.

Stephen M. Hoffman , Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellee.

Before JOLLY, DAVIS and GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Petitioner Rickey Lynn Lewis filed a successive federal habeas petition, contending he is mentally retarded and ineligible for execution under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding that execution of mentally retarded criminals is "cruel and unusual punishment" prohibited by Eighth Amendment). The district court denied relief, but granted a certificate...

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