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LADD v. STEPHENS

No. 13-70011.

748 F.3d 637 (2014)

Robert Charles LADD, Petitioner-Appellant v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 8, 2014.

Attorney(s) appearing for the Case

Franklyn Ray Mickelsen, Jr. , F. Clinton Broden , Broden & Mickelsen, Dallas, TX, Sydney Snelling Young , Paris, TX, for Petitioner-Appellant.

Arthur Cleveland D'Andrea , Kelli Lynn Weaver, Esq. , Assistant Attorney General, Office of the Attorney General, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, DAVIS, and HAYNES, Circuit Judges.

HIGGINBOTHAM, Circuit Judge:

A Texas jury convicted Robert Ladd of capital murder and sentenced him to death for the rape and murder of Vicki Ann Garner. Ladd sought habeas relief in federal district court, claiming that he is mentally retarded1 and therefore categorically ineligible for the death penalty under Atkins v. Virginia.2 Following an evidentiary hearing, the district court denied habeas relief...

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