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A remand on a successive petition in the Fifth Circuit

By Karl R. Keys, Esq.

The Fifth Circuit in Rickey Lynn Lewis v. Quarterman remands on an Atkins claim raised on a successive petition.   The issue before the panel in Lewis is whether an affidavit submitted for the first time in federal habeas review — and hence unavailable to the state court in making its factual determinations — could be considered by the district court.  The affidavit counters the findings of the State’s expert as to whether Mr. Lewis is mentally retarded. Specifically, the creator of the IQ test relied upon by the State’s expert asserts that the methodology used in testing of Mr. Lewis artificially inflated his IQ . In state court, Lewis presented claims of mental retardation, relying upon affidavits and testimony by health professionals...continue to full post

Full post as published by Capital Defense Weekly on August 13, 2008 (boomark / email).