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PIZZUTO v. BLADES

No. 12-99002.

729 F.3d 1211 (2013)

Gerald Ross PIZZUTO, Jr., Petitioner-Appellant, v. Randy BLADES, Warden, Idaho Maximum Security Institution, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2013.

Attorney(s) appearing for the Case

Daniel J. Broderick , Federal Defender; Joseph Schlesinger and Joan M. Fisher (argued), Assistant Federal Defenders, Federal Defender of Eastern District of California, Sacramento, CA, for Petitioner-Appellant.

Lawrence G. Wasden , Attorney General of Idaho, and L. LaMont Anderson (argued), Deputy Attorney General, Capital Litigation Unit Chief, Boise, ID, for Respondent-Appellee.

Before: RAYMOND C. FISHER, RONALD M. GOULD, and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

GOULD, Circuit Judge:

Gerald Ross Pizzuto, Jr., appeals the district court's denial of his successive petition for a writ of habeas corpus, in which he sought relief based on the United States Supreme Court's decision in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). In Atkins, the Supreme Court held that the Eighth Amendment prohibits the execution of mentally retarded persons...

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