Prieto v. Zook, No. 14-4 (4th Cir. 2015)
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Petitioner, convicted of two counts of capital murder, appealed the denial of his petition for a writ of habeas corpus under 28 U.S.C. 2254, contending that the Eighth Amendment prohibition on the execution of intellectually disabled persons, as set forth in Atkins v. Virginia, and Hall v. Florida, renders his two death sentences unconstitutional. The court could not conclude that after Hall, no reasonable juror would find petitioner eligible for the
death penalty. Further, absent a showing that he is “actually innocent” of the death penalty,
petitioner cannot overcome the procedural default that bars consideration on the merits of his Atkins claim. Accordingly, the court affirmed the judgment of the district court.
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