Hooks v. Workman, No. 03-6049 (10th Cir. 2012)
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In a consolidated appeal, Oklahoma state prisoner Petitioner-Appellant Victor Hooks appealed two district court orders that denied him habeas relief. He sought relief on three alternate grounds: (1) he is mentally retarded 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 to due process and a fair trial; and (3) his counsel was ineffective during both the guilt and sentencing phases of his original trial. Grounds 1 and 2 arose in Appeal No. 10-6076; ground 3 arose in Appeal No. 03-6049. The district court granted certificates of appealability on all claims. In No. 10-6076, the Tenth Circuit affirmed the district court's denial of habeas relief on all claims arising out of the Atkins trial; the Court affirmed the district court in No. 03-6049 which denied habeas relief as to Petitioner's 1989 conviction, but reversed the district court as to Petititioner's sentence. The writ was conditionally granted as to Petitioner's sentence.
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