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remember
however
seeking
evidentiary
hearing
brumfield
obligated
show
intellectually
disabled
even
likely
able
prove
much
rather
brumfield
needed
raise
reasonable
doubt
intellectual
disability
entitled
evidentiary
hearing
see
williams
louisiana
decision
williams
illustrated
low
threshold
evidentiary
hearing
intended
held
defendant
entitled
hearing
atkins
claim
notwithstanding
fact
defense
expert
testified
unequivocally
guilt
penalty
phases
trial
defendant
mentally
retarded
assessment
based
fact
defendant
deficient
adaptive
functioning
see
also
dunn
ordering
hearing
despite
expert
testimony
defendant
never
identified
child
slow
learner
received
college
credit
courses
completed
incarceration
similarly
light
evidence
brumfield
deficiencies
none
countervailing
evidence
said
foreclose
reasonable
doubt
individual
points
evidence
risk
neurological
trauma
birth
diagnosed
learning
disability
placed
special
education
classes
committed
mental
health
facilities
given
powerful
medication
reads
level
simply
process
information
raised
substantial
reason
believe
suffers
adaptive
impairments
facts
alone
sufficient
raise
doubt
brumfield
adaptive
impairments
apparent
given
brumfield
yet
opportunity
develop
record
purpose
proving
intellectual
disability
claim
trial
brumfield
little
reason
investigate
present
evidence
relating
intellectual
disability
fact
done
penalty
phase
ran
risk
enhance
likelihood
future
dangerousness
found
jury
atkins
thus
given
evidence
trial
provided
good
reason
think
brumfield
suffered
intellectual
disability
even
greater
cause
believe
might
prove
claim
full
evidentiary
hearing
indeed
louisiana
made
clear
capital
defendant
brumfield
position
accorded
additional
benefit
doubt
defined
standard
assessing
whether
hearing
required
echoing
atkins
observation
evidence
intellectual
disability
sword
williams
noted
trial
conducted
prior
atkins
defense
trial
strategy
may
shift
focus
away
diagnosis
mental
retardation
reason
williams
considered
fact
defendant
ha
issue
mental
retardation
put
fact
finder
light
atkins
restriction
death
penalty
factor
supporting
requisite
threshold
showing
entitled
evidentiary
hearing
accord
dunn
state
trial
taken
account
evidence
sought
introduced
time
brumfield
intellectual
disability
issue
failure
resulted
unreasonable
determination
facts
iii
urging
affirmance
decision
state
advances
two
additional
arguments
need
discuss
briefly
first
state
suggests
rather
evaluated
pursuant
unreasonable
determination
facts
standard
brumfield
attack
state
trial
decision
instead
arguably
deferential
standard
set
brief
respondent
quoting
wood
yet
defined
precise
relationship
burt
titlow
slip
need
state
press
theory
supplies
governing
standard
evaluates
whether
habeas
petitioner
satisfied
requirements
fifth
circuit
address
possibility
state
brief
opposition
certiorari
failed
advance
specific
argument
decision
supported
invocation
statutory
provision
see
brief
opposition
argument
therefore
properly
waived
granite
rock
teamsters
quoting
rule
second
state
contends
brumfield
request
atkins
hearing
properly
rejected
record
evidence
failed
show
brumfield
intellectual
deficiencies
manifested
developmental
stage
reached
adulthood
williams
state
trial
never
made
finding
brumfield
failed
produce
evidence
suggesting
meet
requirement
thus
determination
point
federal
must
defer
assessing
whether
brumfield
satisfied
see
panetti
quarterman
compare
wiggins
smith
reviewing
de
novo
question
whether
petitioner
suffered
prejudice
state
reasoned
decision
rejecting
claim
strickland
washington
premised
solely
conclusion
attorney
performance
constitutionally
deficient
harrington
richter
requiring
federal
habeas
defer
hypothetical
reasons
state
might
given
rejecting
federal
claim
opinion
explaining
reasons
relief
denied
event
record
contained
ample
evidence
creating
reasonable
doubt
whether
brumfield
disability
manifested
adulthood
guin
bolter
testified
length
brumfield
intellectual
shortcomings
child
possible
connection
low
birth
weight
brumfield
presented
sufficient
evidence
suggest
intellectually
limited
made
clear
little
question
also
established
good
reason
think
since
child
finally
offer
additional
words
response
justice
thomas
dissent
deny
brumfield
crimes
terrible
causing
untold
pain
victims
families
called
upon
today
resolve
different
issue
already
one
death
society
rightly
condemns
question
whether
brumfield
cleared
aedpa
procedural
hurdles
thus
entitled
hearing
show
lacked
capacity
violate
eighth
amendment
permit
state
impose
law
severe
sentence
hall
slip
take
life
well
question
question
alone
answer
affirmative
hold
brumfield
satisfied
requirements
judgment
appeals
fifth
circuit
therefore
vacated
case
remanded
proceedings
consistent
opinion
ordered
thomas
dissenting
kevan
brumfield
petitioner
burl
cain
warden
writ
certiorari
appeals
fifth
circuit
june
justice
thomas
chief
justice
justice
scalia
justice
alito
join
part
dissenting
federal
collateral
review
state
convictions
interrupts
enforcement
state
criminal
laws
undermines
finality
judgments
antiterrorism
effective
death
penalty
act
aedpa
addresses
interference
constraining
ability
federal
courts
grant
relief
state
prisoners
today
oversteps
limits
decision
fails
respect
louisiana
state
courts
precedents
respectfully
dissent
case
study
contrasts
one
hand
kevan
brumfield
man
murdered
louisiana
police
officer
betty
smothers
spent
last
years
claiming
actions
product
circumstances
beyond
control
hand
warrick
dunn
eldest
son
corporal
smothers
responded
circumstances
beyond
control
caring
family
building
professional
football
career
turning
success
field
charitable
work
field
given
majority
devotes
single
sentence
description
crime
louisiana
jury
sentenced
brumfield
death
begin
corporal
smothers
veteran
baton
rouge
police
department
working
second
job
support
family
murdered
midnight
january
following
shift
department
january
corporal
smothers
reported
local
grocery
store
served
uniformed
security
officer
official
authorization
department
monitored
security
grocery
store
waited
escort
assistant
manager
kimen
lee
local
bank
make
store
nightly
deposit
corporal
smothers
followed
usual
practice
driving
lee
bank
police
cruiser
shortly
midnight
arrived
bank
night
depository
lee
leaned
passenger
side
door
make
deposit
heard
racking
slide
handgun
brumfield
accomplice
henri
broadway
opened
fire
two
women
brumfield
fired
seven
rounds
handgun
close
range
left
side
cruiser
broadway
fired
five
rounds
handgun
right
rear
cruiser
brumfield
hit
corporal
smothers
five
times
forearm
chest
head
lee
hit
multiple
times
well
causing
entrance
exit
wounds
somehow
managed
slide
bench
seat
take
control
police
car
drove
nearby
convenience
store
able
call
help
describe
broadway
police
emergency
responders
transported
women
hospital
corporal
smothers
pronounced
dead
arrival
lee
survived
january
baton
rouge
police
arrested
brumfield
corporal
smothers
murder
several
hours
police
interrogation
denied
involvement
murder
brumfield
eventually
gave
videotaped
admitted
riding
around
night
looking
hustle
come
idea
steal
grocery
store
deposit
described
broadway
hid
bushes
waiting
car
arrive
lee
looked
back
trying
make
deposit
started
shooting
admitted
fired
seven
rounds
handgun
broadway
fired
five
shots
handgun
third
man
served
getaway
driver
louisiana
jury
convicted
brumfield
murder
addition
videotaped
confession
state
introduced
evidence
brumfield
spoken
committing
robbery
several
people
weeks
leading
murder
facing
sentencing
unrelated
charges
promised
pregnant
girlfriend
obtain
money
support
baby
child
previous
relationship
jail
state
also
introduced
evidence
brumfield
told
acquaintance
right
murder
killed
son
bitch
record
penalty
phase
state
sought
death
sentence
reintroduced
evidence
guilt
phase
along
evidence
brumfield
criminal
felony
convictions
brumfield
awaiting
sentencing
murdered
corporal
smothers
attempted
possession
cocaine
felony
theft
gun
brumfield
worked
three
months
adult
life
admitted
psychologist
found
drug
dealing
far
effective
way
make
money
fact
involved
years
earlier
fatal
shooting
fellow
drug
dealer
deal
gone
bad
months
murdered
corporal
smothers
brumfield
battered
another
police
officer
prison
state
also
explained
brumfield
murder
corporal
smothers
culmination
crime
spree
christmas
day
brumfield
robbed
anthony
miller
gunpoint
giving
ride
forced
miller
car
put
gun
miller
head
pulled
trigger
fortunately
miller
gun
misfired
survived
one
week
later
brumfield
robbed
edna
marie
perry
daughter
trina
perkins
gunpoint
walking
along
side
road
brumfield
pulled
alongside
pointed
shotgun
perry
said
hand
bitch
perry
turned
purse
pleaded
brumfield
give
back
pictures
deceased
son
funeral
carried
purse
responded
none
courteously
bitch
dead
drove
away
ibid
state
also
introduced
evidence
murder
broader
impact
addition
serving
police
officer
corporal
smothers
single
mother
six
children
volunteer
coach
local
track
club
children
ranged
years
old
went
live
grandmother
murder
loss
mother
weighed
heavily
particularly
hard
corporal
smothers
eldest
son
warrick
especially
close
mother
second
eldest
son
derrick
green
hoping
spend
time
warrick
went
college
derrick
deprived
chance
warrick
take
extra
responsibilities
care
younger
siblings
part
brumfield
introduced
evidence
crimes
beyond
control
product
disadvantaged
background
born
low
birth
weight
mother
testified
spent
several
months
hospital
shortly
birth
father
left
family
stepfather
make
sit
corner
hot
rice
whip
hit
head
telephone
book
brother
eventually
decided
go
live
biological
father
brumfield
opted
stay
mother
stepfather
around
seven
eight
years
old
brumfield
began
behavioral
problems
trouble
staying
seat
school
disruptive
easily
distracted
prone
fighting
eventually
taken
psychiatric
hospital
address
hyperactivity
although
student
third
grade
time
four
five
group
homes
educated
criminal
lifestyle
grades
began
suffer
cecile
guin
social
worker
testified
brumfield
hyperactivity
acting
traced
largely
low
birth
weight
lack
supportive
home
environment
abusive
stepfather
although
medical
doctor
concluded
brumfield
neurologically
based
hyperactive
learning
disability
problem
acknowledged
however
school
records
described
behavior
disorder
pattern
situation
inappropriate
behavior
extended
long
period
time
explained
intellectual
sensory
neurological
general
factors
also
admitted
psychologist
brian
jordan
diagnosed
brumfield
suffering
neurological
disorder
instead
sociopathic
personality
disorder
antisocial
type
poor
impulse
control
especially
area
aggression
john
bolter
clinical
neuropsychologist
testified
behalf
defense
brumfield
suffered
antisocial
personality
disorder
based
battery
tests
employed
determine
whether
brumfield
suffered
kind
neurological
deficits
cognitive
functions
bolter
concluded
brumfield
early
life
manifest
ed
conduct
disorder
extreme
levels
aggressivity
disregard
basic
rights
others
along
attention
deficit
disorder
type
time
emerged
looks
like
antisocial
personality
continued
attention
difficulty
borderline
general
level
intelligence
ibid
brumfield
iq
score
placing
seventh
percentile
general
population
low
end
intelligence
ibid
reading
skills
level
math
spelling
skills
level
hand
bolter
concluded
brumfield
problem
solving
judgment
reasoning
skills
sufficient
meet
demands
everyday
adulthood
wa
showing
decrement
types
problems
one
assume
see
suffering
underlying
organic
basis
mental
illness
bolter
also
reviewed
jordan
report
testified
inconsistency
conclusions
jordan
rated
brumfield
intelligence
little
higher
jury
unanimously
recommended
brumfield
sentenced
death
found
three
statutory
aggravators
made
eligible
penalty
engaged
attempted
perpetration
armed
robbery
knowingly
created
risk
death
great
bodily
harm
one
person
victim
peace
officer
engaged
lawful
duties
jury
found
statutory
mitigators
brumfield
argument
actions
product
disadvantaged
background
striking
light
conduct
corporal
smothers
children
following
murder
widely
known
warrick
though
turned
two
days
brumfield
murdered
mother
quickly
stepped
role
father
figure
younger
view
make
sure
everybody
grew
somebody
dunn
yaegar
running
life
journey
game
football
beyond
end
warrick
led
example
becoming
star
running
back
florida
state
university
national
football
league
nfl
time
florida
state
set
records
field
coping
loss
mother
though
separated
family
louisiana
called
brothers
sisters
sought
parenting
advice
coach
returned
home
kept
mother
pearl
earrings
stained
blood
night
murdered
box
dresser
four
years
florida
state
dunn
drafted
tampa
bay
buccaneers
concerned
siblings
struggling
baton
rouge
moved
three
youngest
home
tampa
bay
although
strain
playing
buccaneers
raising
family
weighed
accepted
responsibility
make
sure
stayed
right
path
ibid
balancing
football
family
dunn
still
found
time
others
started
homes
holidays
charitable
organization
decorates
fully
furnishes
toothbrush
homes
obtained
single
mothers
homeowner
assistance
programs
dunn
inspired
mother
spent
years
working
toward
purchase
home
family
thanks
brumfield
live
reach
goal
dunn
contributions
end
joining
atlanta
falcons
expanded
reach
homes
holidays
traveled
overseas
visit
armed
forces
led
effort
raise
money
nfl
help
respond
tragic
effects
hurricane
katrina
became
founding
member
athletes
hope
organization
dedicated
helping
athletes
find
pursue
charitable
opportunities
following
retirement
professional
football
dunn
launched
two
charitable
organizations
honor
mother
betty
hope
mobile
bereavement
program
offers
grief
counseling
services
children
baton
rouge
area
homes
service
program
dedicated
helping
service
members
police
officers
firefighters
achieve
home
ownership
dunn
remarked
knew
mother
proud
records
awards
way
used
worldly
success
give
something
back
brumfield
meanwhile
spent
last
years
engaged
ceaseless
campaign
review
proceedings
raised
numerous
challenges
direct
appeal
trial
discovery
orders
admission
evidence
jury
instructions
preservation
record
prosecutor
references
penalty
phase
alleged
deficiencies
trial
counsel
louisiana
rejected
claims
state
brumfield
la
denied
petition
writ
certiorari
brumfield
louisiana
brumfield
filed
first
petition
state
relief
petition
among
things
alleged
instances
prosecutorial
misconduct
instances
ineffective
assistance
counsel
least
constitutional
errors
jury
instructions
guilt
phase
trial
brumfield
sought
received
multiple
extensions
time
finally
filing
amended
petition
state
postconviction
relief
raised
many
claims
initial
petition
also
asserted
first
time
mentally
retarded
therefore
ineligible
death
penalty
atkins
virginia
support
claim
alleged
iq
score
reading
level
fourth
grader
born
prematurely
low
birth
weight
indications
slower
responses
normal
babies
suffered
seizures
prescribed
variety
medications
since
childhood
twice
treated
psychiatric
hospitals
childhood
adolescence
diagnosed
learning
disability
state
denied
brumfield
petition
ruling
bench
explained
every
defendant
requests
evidentiary
hearing
atkins
claim
entitled
one
based
review
application
response
record
portions
transcript
issue
evidence
presented
including
bolter
testimony
guin
testimony
refers
discusses
jordan
report
app
pet
cert
concluded
brumfield
met
burden
make
threshold
showing
mental
retardation
particular
noted
brumfield
iq
score
higher
demonstrated
impairment
adaptive
skills
although
brumfield
requested
fees
develop
atkins
claim
trial
explicitly
rule
motion
brumfield
counsel
prompt
brumfield
sought
federal
collateral
review
first
habeas
application
repeated
many
claims
including
claim
ineligible
executed
atkins
requested
funds
develop
claim
evidentiary
hearing
district
dismissed
claims
except
atkins
one
ordered
evidentiary
hearing
majority
describes
district
eventually
granted
writ
habeas
corpus
concluded
state
based
denial
brumfield
atkins
claim
unreasonable
determination
facts
unreasonably
applied
clearly
established
precedent
denying
funds
develop
claim
appeals
fifth
circuit
reversed
concluding
district
conducted
evidentiary
hearing
aedpa
afford
relief
either
grounds
identified
district
ii
aedpa
limits
power
federal
grant
application
writ
habeas
corpus
behalf
state
prisoner
cullen
pinholster
slip
relevant
provides
federal
may
grant
application
respect
claim
adjudicated
merits
state
proceedings
unless
adjudication
claim
resulted
decision
contrary
involved
unreasonable
application
clearly
established
federal
law
determined
resulted
decision
based
unreasonable
determination
facts
light
evidence
presented
state
proceeding
applying
highly
deferential
standard
evaluating
rulings
decisions
must
given
benefit
doubt
pinholster
slip
internal
quotation
marks
omitted
must
reviewed
solely
record
state
adjudicated
claim
merits
slip
prisoner
must
rebut
state
factual
findings
seeks
challenge
clear
convincing
evidence
burt
titlow
slip
brumfield
presents
two
grounds
relief
framework
first
argues
louisiana
state
denied
atkins
claim
based
unreasonable
determination
facts
second
argues
louisiana
state
violated
clearly
established
federal
law
determined
denied
funding
develop
evidence
claim
iii
majority
resolves
case
solely
brumfield
first
ground
begin
louisiana
state
decision
deny
brumfield
atkins
claim
based
unreasonable
determination
facts
factual
determination
unreasonable
merely
federal
habeas
reached
different
conclusion
first
instance
wood
allen
record
supports
state
factual
determinations
prisoner
make
showing
see
titlow
supra
slip
state
rejected
brumfield
atkins
claim
oral
ruling
follows
bolter
particular
found
brumfield
iq
jordan
actually
came
little
bit
higher
iq
think
defendant
demonstrated
impairment
based
record
adaptive
skills
doctor
testified
personality
sociopath
explained
someone
conscience
defendant
carried
burden
placing
claim
mental
retardation
issue
app
pet
cert
statement
contains
three
factual
determinations
brumfield
iq
least
brumfield
demonstrated
impairment
adaptive
skills
brumfield
antisocial
personality
disorder
facts
amply
supported
record
begin
record
justifies
finding
brumfield
iq
bit
higher
bolter
testified
without
contradiction
brumfield
scored
iq
test
administered
jordan
rated
brumfield
intelligence
little
higher
record
bolter
report
similarly
shows
brumfield
test
results
lower
estimated
jordan
january
year
notes
jordan
using
screening
measure
proves
less
reliable
parties
dispute
whether
jordan
report
made
part
record
extent
confirms
bolter
testimony
although
specify
iq
score
jordan
report
brumfield
intellectual
function
slightly
limited
generally
close
average
range
psychological
test
showed
intellectually
functioning
generally
low
average
range
app
two
thirds
iqs
expected
lie
fair
reading
jordan
statements
suggest
iq
score
closer
see
american
association
mental
retardation
mental
retardation
definition
classification
systems
supports
ed
record
likewise
supports
state
finding
brumfield
impaired
adaptive
skills
atkins
relevant
adaptive
skill
areas
home
living
social
skills
community
use
health
safety
functional
academics
leisure
work
bolter
reported
brumfield
speech
intelligible
prosodic
without
evidence
thought
derailment
record
writing
appeared
normal
brumfield
lived
independently
arrest
often
staying
pregnant
girlfriend
able
maintain
job
approximately
three
months
quitting
earnings
better
distributing
drugs
selling
firearms
although
brumfield
reads
level
spells
performs
arithmetic
level
bolter
concluded
normal
capacity
learn
acquire
information
given
opportunity
repetition
finally
record
supports
finding
brumfield
antisocial
personality
disorder
bolter
testified
without
contradiction
manifested
childhood
conduct
disorder
developed
adulthood
antisocial
personality
disorder
described
disorder
absence
conscience
ability
disregard
rights
feelings
others
favor
want
without
sense
compunction
remorse
guin
acknowledged
jordan
reached
similar
diagnosis
brumfield
presented
medical
evidence
disputing
majority
disputes
relevance
diagnosis
ante
make
less
supported
record
brumfield
thus
failed
rebut
state
factual
findings
clear
convincing
evidence
failed
show
anything
eminently
reasonable
fairminded
application
entitled
relief
majority
reaches
opposite
result
bit
legerdemain
recasting
legal
determinations
factual
ones
contends
state
erred
denying
brumfield
claim
evidence
brumfield
presented
entirely
consistent
intellectual
disability
defined
louisiana
thus
sufficient
entitle
evidentiary
hearing
ante
argument
betrays
legal
nature
majority
dispute
state
decision
majority
disagree
state
factual
findings
supported
record
see
ante
disputing
brumfield
iq
score
ante
disputing
brumfield
diagnosed
antisocial
personality
disorder
ibid
acknowledging
evidence
record
state
may
cut
brumfield
claim
intellectual
disability
ante
acknowledging
underlying
facts
brumfield
crime
might
arguably
provide
reason
think
brumfield
possessed
certain
adaptive
skills
instead
majority
disagrees
state
conclusion
brumfield
made
sufficient
threshold
showing
mental
retardation
entitled
evidentiary
hearing
claim
ante
conclusion
however
properly
characterized
one
based
application
law
fact
determination
facts
explained
question
whether
state
errs
determining
facts
different
question
whether
errs
applying
law
rice
collins
one
dispute
brumfield
iq
score
adaptive
skills
antisocial
personality
disorder
facts
contrast
question
whether
brumfield
met
legal
standard
relief
least
evidentiary
hearing
regard
atkins
claim
requires
application
law
facts
see
panetti
quarterman
applying
conclude
state
unreasonably
applied
clearly
established
federal
law
failed
provide
prisoner
competency
hearing
made
substantial
threshold
showing
indeed
discussing
factual
determinations
majority
turns
first
state
law
determine
showing
prisoner
must
make
qualify
mentally
retarded
ante
citing
state
williams
la
majority
disagreement
state
decision
truly
based
factual
determinations
hard
understand
relevance
state
law
even
terms
majority
factual
analysis
fails
majority
holds
record
supported
finding
brumfield
qualified
hearing
mental
retardation
state
law
reiterate
even
true
legal
analysis
overcome
aedpa
bar
relief
make
matters
worse
majority
gets
state
law
wrong
louisiana
decision
williams
instructed
state
courts
use
statutory
standard
determining
pretrial
competency
hearing
necessary
ground
doubt
defendant
mental
capacity
proceed
quoting
la
code
crim
proc
art
west
made
clear
reasonable
ground
doubt
reference
proof
beyond
reasonable
doubt
guilt
phase
trial
emphasis
added
burden
prisoner
bring
forward
objective
evidence
put
mental
retardation
issue
brumfield
iq
test
score
failed
meet
standard
significantly
subaverage
intellectual
functioning
louisiana
law
williams
explained
louisiana
statutes
defined
subaverage
general
intellectual
two
standard
deviations
mean
test
intellectual
functioning
person
intellectual
functioning
two
standard
deviations
mean
iq
using
wechsler
scale
accounting
standard
error
measurement
williams
explained
requisite
iq
range
majority
prefers
avoid
language
focusing
instead
sources
williams
relied
defining
subaverage
intelligence
ante
way
apply
state
decision
apply
state
said
higher
brumfield
iq
scores
exceeded
cutoff
significantly
subaverage
general
intellectual
functioning
decision
brumfield
evidence
alleged
deficits
adaptive
skills
similarly
failed
meet
requisite
standards
louisiana
law
williams
defined
deficits
adaptive
skills
functional
limitations
three
following
areas
major
life
activity
understanding
use
language
learning
mobility
capacity
independent
living
quoting
la
rev
stat
ann
repealed
evidence
brumfield
presented
even
potentially
relevant
factors
evidence
poor
reading
skills
behavioral
problems
school
bolter
report
confirmed
normal
capacity
learn
acquire
information
given
opportunity
repetition
brumfield
behavioral
problems
attributable
conduct
disorder
progressed
antisocial
personality
disorder
record
majority
places
special
weight
brumfield
placement
special
education
classes
ante
record
explains
placed
behavioral
disorder
classes
low
capacity
learn
high
capacity
make
trouble
record
state
reasonably
found
brumfield
provided
evidence
substantial
functional
limitations
categories
let
alone
three
required
state
law
absent
objective
evidence
either
significantly
subaverage
intellectual
functioning
deficits
adaptive
behavior
brumfield
entitled
evidentiary
hearing
williams
majority
analysis
erroneous
takes
meritless
claim
recasts
two
factual
determinations
awards
relief
despite
ample
evidence
record
support
state
actual
factual
determinations
majority
engages
maneuvering
brumfield
argued
state
based
decision
deny
atkins
claim
unreasonable
determination
facts
unreasonable
application
clearly
established
federal
law
determined
brumfield
part
presented
claim
way
avoid
aedpa
additional
restrictions
relief
alleged
legal
errors
explained
overcoming
bar
based
alleged
legal
error
particularly
demanding
brumfield
arguments
even
presented
properly
legal
ones
meet
bar
federal
may
award
relief
claim
adjudicated
merits
state
unless
adjudication
resulted
decision
contrary
involved
unreasonable
application
clearly
established
federal
law
determined
clearly
established
federal
law
purposes
includes
holdings
opposed
dicta
decisions
white
woodall
slip
internal
quotation
marks
alteration
omitted
state
decision
therefore
contrary
decisions
unless
holding
contradicts
holdings
set
facts
materially
indistinguishable
decision
nevertheless
arrives
result
different
precedent
mitchell
esparza
per
curiam
state
decision
unreasonable
decisions
merely
apply
specific
legal
rule
squarely
established
harrington
richter
instead
must
evaluate
application
holdings
context
rule
specificity
general
rule
leeway
courts
reaching
outcomes
determinations
ibid
internal
quotation
mark
omitted
precise
contours
right
remain
unclear
state
courts
enjoy
broad
discretion
adjudication
prisoner
claims
woodall
supra
slip
internal
quotation
marks
omitted
standard
difficult
meet
meant
richter
habeas
review
state
convictions
disturbs
state
significant
interest
repose
concluded
litigation
denies
society
right
punish
admitted
offenders
intrudes
state
sovereignty
degree
matched
exercises
federal
judicial
authority
although
aedpa
stops
short
imposing
complete
bar
type
review
require
state
prisoner
show
state
ruling
claim
presented
federal
lacking
justification
error
well
understood
comprehended
existing
law
beyond
possibility
fairminded
disagreement
brumfield
meet
standard
state
decision
deny
brumfield
atkins
claim
contrary
holding
state
recognized
atkins
precludes
execution
mentally
retarded
offenders
concluded
brumfield
qualify
mentally
retarded
offender
never
confronted
set
facts
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facts
case
arrived
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result
state
decision
contrary
clearly
established
federal
law
determined
decision
state
deny
hearing
claim
contrary
clearly
established
law
atkins
held
eighth
amendment
precludes
execution
mentally
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offenders
le
ft
task
developing
appropriate
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enforce
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execution
sentences
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quotation
mark
brackets
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much
mention
evidentiary
hearing
let
alone
hold
prisoners
raising
atkins
claims
entitled
one
sure
atkins
cited
decision
ford
wainwright
explained
leaving
enforcement
right
see
justice
powell
controlling
concurrence
ford
required
afford
prisoner
hearing
claim
insane
therefore
ineligible
executed
prisoner
made
substantial
threshold
showing
insanity
opinion
concurring
part
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judgment
citation
atkins
however
portion
ford
even
justice
powell
opinion
ford
compare
atkins
supra
citing
ford
supra
majority
opinion
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marshall
ford
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powell
atkins
thus
imply
let
alone
hold
prisoner
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hearing
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claim
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decision
deny
brumfield
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contrary
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federal
law
even
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establish
right
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threshold
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state
decision
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brumfield
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contrary
rule
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took
position
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made
threshold
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simply
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made
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threshold
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claim
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brumfield
atkins
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contrary
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established
federal
law
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state
decision
likewise
unreasonable
application
atkins
atkins
clearly
define
category
mentally
retarded
offenders
national
consensus
offered
guidance
form
several
clinical
definitions
mental
retardation
intellectual
accompanied
significant
limitations
adaptive
skills
communication
became
manifest
age
gave
conflicting
indications
iq
score
necessary
subaverage
intellectual
functioning
defining
mild
mental
retardation
term
used
describe
people
iq
level
approximately
citing
one
source
reports
less
statistical
criterion
mental
retardation
see
kaplan
sadock
comprehensive
textbook
psychiatry
sadock
sadock
ed
commenting
iq
lower
typically
considered
cutoff
iq
score
intellectual
function
prong
mental
retardation
definition
offered
greater
specificity
respect
significant
limitations
adaptive
skills
though
remarked
definition
mentally
retarded
offenders
diminished
capacities
understand
process
information
communicate
abstract
mistakes
learn
experience
engage
logical
reasoning
control
impulses
understand
reactions
others
state
reasonably
applied
general
rule
announced
atkins
rejected
brumfield
claim
brumfield
achieved
iq
test
administered
bolter
points
score
identified
atkins
upper
end
mental
retardation
clinical
definitions
criterion
mental
retardation
also
scored
somewhat
higher
iq
tests
administered
jordan
addition
demonstrated
impairment
adaptive
skills
contrary
test
results
indicate
problem
solving
judgment
reasoning
skills
sufficient
meet
demands
everyday
adulthood
showing
decrement
types
problems
one
assume
see
suffering
underlying
organic
basis
mental
illness
record
based
record
state
reasonably
concluded
brumfield
come
forward
evidence
fell
within
category
mentally
retarded
offenders
national
consensus
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reasons
even
one
mischaracterize
atkins
clearly
establishing
right
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upon
substantial
threshold
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retardation
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unreasonably
apply
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define
showing
necessary
state
reasonably
concluded
record
brumfield
met
sum
bars
brumfield
atkins
claim
facts
upon
state
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claim
amply
supported
record
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otherwise
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conflates
questions
fact
questions
application
law
fact
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may
help
get
around
inconveniences
clearly
established
federal
law
determined
th
violence
statute
ordinary
understanding
facts
indeed
summarily
reversed
lower
courts
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see
lopez
smith
per
curiam
slip
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ninth
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state
factual
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grant
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legal
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notice
provided
hold
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ground
alleged
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atkins
claim
obviates
need
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focuses
state
denial
funding
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claim
conclude
aedpa
bars
relief
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ground
must
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marks
brackets
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since
atkins
even
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requirements
funding
claims
brumfield
believes
decision
contrary
involved
unreasonable
application
ake
oklahoma
ford
wainwright
neither
decisions
even
involved
protections
mentally
retarded
offenders
instead
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addressed
protections
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asserting
insanity
ake
context
insanity
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ford
context
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limitation
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power
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prisoner
powell
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prisoner
entitled
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claim
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addressed
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access
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assist
preparation
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right
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psychiatrist
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liking
receive
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state
fully
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decisions
declined
award
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funds
brumfield
meet
burden
make
substantial
threshold
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mental
retardation
decision
requires
state
afford
defendant
funds
years
ago
brumfield
deprived
people
baton
rouge
one
police
officers
six
children
mother
jury
peers
found
brumfield
guilty
crime
sentenced
death
louisiana
courts
afforded
full
appellate
proceedings
today
majority
tosses
proceedings
aside
concluding
state
based
decision
deny
brumfield
atkins
claim
unreasonable
determination
facts
even
concedes
record
includes
evidence
supporting
factual
findings
aedpa
concession
bar
relief
brumfield
concluding
otherwise
majority
distorts
federal
law
intrudes
upon
louisiana
sovereign
right
enforce
criminal
laws
courts
judgments
willfulness
disheartening
perhaps
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majority
disregard
aedpa
precedents
disregard
human
cost
decision
spares
thought
years
judicial
proceedings
decision
casually
extends
spares
sentence
describe
crime
louisiana
jury
sentenced
brumfield
death
barely
spares
two
words
necessary
identify
brumfield
victim
betty
smothers
name
family
mention
legal
system
deserve
better
respectfully
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appendix
dunn
yaeger
running
life
journey
game
football
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alito
dissenting
kevan
brumfield
petitioner
burl
cain
warden
writ
certiorari
appeals
fifth
circuit
june
justice
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chief
justice
joins
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join
part
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thomas
dissent
story
recounted
part
inspiring
serve
beneficial
purpose
widely
read
want
suggest
essential
legal
analysis
case
footnotes
formerly
employed
phrase
mentally
retarded
us
term
disability
describe
identical
phenomenon
hall
florida
slip
although
louisiana
subsequently
adopted
statute
governing
adjudication
atkins
claims
see
la
code
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proc
art
west
cum
supp
parties
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emphasis
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dissent
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brumfield
atkins
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underlying
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determined
record
evidence
inconsistent
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maggio
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per
curiam
reviewing
predecessor
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state
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defendant
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trial
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louisiana
case
law
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rejecting
brumfield
atkins
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determinations
apply
behest
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atkins
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characterizes
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review
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respondent
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williams
establishing
requisite
iq
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post
quoting
williams
dissent
wrenches
quoted
language
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williams
actually
said
one
sem
plus
minus
specified
number
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assuming
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williams
thereby
hold
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range
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report
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need
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note
report
currently
contained
record
lodged
district
two
standards
set
forth
williams
aamr
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require
two
following
applicable
adaptive
skill
areas
communication
home
living
social
skills
community
use
health
safety
functional
academics
leisure
work
criteria
similarly
require
least
two
following
skill
areas
communication
home
living
skills
use
community
resources
functional
academic
skills
work
leisure
health
safety
dissent
contends
record
shows
brumfield
placement
special
education
classes
simply
due
misbehavior
post
guin
testified
brumfield
behavioral
problems
part
function
learning
disability
see
app
section
provides
proceeding
instituted
application
writ
habeas
corpus
person
custody
pursuant
judgment
state
determination
factual
issue
made
state
shall
presumed
correct
applicant
shall
burden
rebutting
presumption
correctness
clear
convincing
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footnotes
videotaped
confession
found
http
although
introduced
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worth
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night
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first
interaction
brumfield
six
years
earlier
caught
stealing
given
chance
turn
life
around
chance
unfortunately
take
see
dunn
yaegar
running
life
journey
game
football
beyond
corporal
smothers
eldest
son
recounted
brumfield
told
story
mother
working
security
store
caught
stealing
made
put
back
whatever
took
brumfield
said
mom
made
example
day
elected
thought
mom
always
giving
people
second
chances
right
ibid
like
brumfield
warrick
father
part
life
unlike
brumfield
warrick
use
absence
father
figure
justification
murder
ibid
instead
recognized
mother
family
patriarch
alive
ibid
responsibility
take
role
death
letter
brumfield
one
corporal
smothers
daughters
summer
later
wrote
imagine
life
without
mother
father
step
take
responsibility
seed
knowing
next
meal
come
going
lay
head
night
even
going
sacrifice
life
raise
six
children
someone
selfish
acts
know
physical
emotional
mental
state
mind
italics
deleted
although
question
presented
petition
framed
one
law
hether
state
considers
evidence
presented
petitioner
penalty
phase
proceeding
determinative
petitioner
claim
mental
retardation
atkins
virginia
based
decision
unreasonable
determination
facts
pet
cert
brumfield
reframed
question
oral
argument
purely
one
based
factual
determinations
made
case
tr
oral
arg
properly
conceded
necessarily
make
decision
based
unreasonable
determination
facts
rejects
atkins
claim
based
record
developed
atkins
tr
oral
arg
majority
attempts
defend
recharacterization
inquiry
ground
state
invoked
state
invoked
provision
basis
upon
brumfield
sought
federal
collateral
relief
brumfield
entitled
relief
unless
show
state
based
decision
deny
atkins
claim
unreasonable
factual
determinations
rather
address
determinations
majority
addresses
something
else
entirely
sure
question
whether
someone
mentally
retarded
one
fact
question
issue
atkins
claim
atkins
held
category
mentally
retarded
offenders
executed
consistent
eighth
amendment
national
consensus
developed
executions
acknowledged
disagreement
define
mentally
retarded
offenders
clarified
ot
people
claim
mentally
retarded
impaired
fall
within
range
mentally
retarded
offenders
national
consensus
thus
prisoner
brings
atkins
claim
bears
burden
establish
fact
mental
retardation
also
sufficiently
impaired
fall
within
category
persons
identified
atkins
legally
beyond
state
power
execute
unclear
whether
williams
even
continued
supply
governing
state
law
time
state
acted
louisiana
legislature
established
procedure
adjudicating
claims
mental
retardation
capital
cases
three
months
brumfield
hearing
see
la
acts
enacting
la
code
crim
proc
art
west
supp
law
specifically
address
circumstances
capital
defendants
entitled
hearing
claims
however
assume
sake
argument
williams
supplies
applicable
state
law
majority
persistent
characterization
standard
reasonable
doubt
standard
quite
misleading
ante
majority
points
williams
using
example
illustrate
concept
standard
error
measurement
ante
illustrating
standard
error
measurement
related
louisiana
law
defining
significantly
subaverage
general
intellectual
functioning
two
standard
deviations
mean
test
intellectual
functioning
williams
supra
quoting
la
rev
stat
ann
repealed
majority
places
great
reliance
testimony
guin
medical
doctor
brumfield
control
behavior
classroom
record
function
part
learning
disability
ante
guin
qualified
make
diagnosis
acknowledged
school
diagnosed
behavioral
disorder
record
worth
reiterating
majority
analysis
state
law
afford
basis
relief
even
brumfield
requested
relief
provision
section
serves
basis
relief
state
reached
decision
involved
unreasonable
application
clearly
established
federal
law
determined
emphasis
added
even
brumfield
show
violation
state
law
reasons
discussed
violation
provide
basis
federal
habeas
relief
estelle
mcguire