Burgess v. Commissioner, AL Dept. of Corrections, No. 12-10444 (11th Cir. 2013)
Annotate this CasePetitioner appealed the district court's denial of his 28 U.S.C. 2254 petition for a writ of habeas corpus and his Federal Rule of Civil Procedure 59(e) motion to alter or amend that denial. The court concluded that the district court abused its discretion by denying petitioner's request for an evidentiary hearing regarding his claim of "mental retardation" under Atkins v. Virginia. Accordingly, the court vacated the district court's judgment denying the habeas petition and remanded for further proceedings. Because the court remanded as to this issue, the court need not resolve petitioner's claim of ineffective assistance of counsel.
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