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SMITH v. COMMISSIONER, AL DEPT. OF CORRECTIONS

No. 17-15043.

924 F.3d 1330 (2019)

Willie B. SMITH, III, Petitioner-Appellant, v. COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 22, 2019.

Attorney(s) appearing for the Case

Hugh A. Abrams , Shook Hardy & Bacon, LLC, CHICAGO, IL, Dylan Cook Black , Stanley Blackmon , Bradley Arant Boult Cummings, LLP, BIRMINGHAM, AL, Tung T. Nguyen , Sidley Austin, LLP, DALLAS, TX, for Petitioner-Appellant.

Henry M. Johnson , James Clayton Crenshaw , Steven Marshall , Alabama Attorney General's Office, MONTGOMERY, AL, for Respondent-Appellee.

Before WILSON, MARTIN, and JORDAN, Circuit Judges.

Willie B. Smith III, a death row inmate, appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The district court granted Smith a certificate of appealability (COA) on whether he is intellectually disabled and thus ineligible for the death penalty under Atkins v. Virginia, ...

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