Walker v. Kelly, No. 06-23

District court's denial of defendant's petition for habeas relief seeking to prevent his execution is affirmed where: 1) the district court did not clearly err in denying defendant's Atkins claim; and 2) the district court did not err by refusing to empanel a jury to determine defendant's mental retardation claim.   

Read Walker v. Kelly, No. 06-23

Appellate Information

Argued: September 22, 2009

Decided: January 27, 2010

Judges

Opinion by Chief Judge  Shedd

Counsel

For Appellant: Jody Manier Kris

For Appellee:   Steven Andrew Witmer, Office of the Attorney General