Lewis v. Thaler, No. 10-70031 (5th Cir. 2012)
Annotate this CasePetitioner filed a successive federal habeas petition, contending that he was mentally retarded and ineligible for execution under Atkins v. Virginia. The district court denied relief, but granted a certificate of appealability on the issue of whether the state court's determination that petitioner did not establish by a preponderance of the evidence that he had significantly subaverage general intellectual functioning was unreasonable. The court concluded that the state court's determination was not unreasonable in light of the evidence presented in the state-court proceeding. Accordingly, the court affirmed the judgment.
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