[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR ...

More documents

Recommendations

Info

and substantial deficits in adaptive behavior. We agree with the district court that there is extremely strong evidence to support the finding of substantial deficits with respect to functional academics and work. With respect to the former, the two experts agreed. With respect to the latter, the district court referred to the evidence 20 as “overwhelming.” 463 F.Supp.2d at 1343. C. Onset Before the Age of Eighteen The issue of whether Holladay’s intellectual disabilities manifested themselves before the age of eighteen is not seriously disputed by Alabama; the main focus of its argument is that Holladay was never mentally retarded. We cannot conclude that the district court was clearly erroneous when it held that Holladay adduced sufficient proof of his mental retardation and that it manifested itself before he turned eighteen. 20 Although the criteria for mental retardation requires a showing of deficits in only two of ten identified areas, a criteria which Alabama’s brief on appeal never challenges, we note that both Dr. Salekin and the district court found significant deficits in adaptive functioning in several additional areas. Our review of the record persuades us that there is ample evidence to support the district court’s findings, at least in a sufficient number of additional areas that we could not conclude that the district court clearly erred in finding that Holladay had not adapted so as to function in everyday life. For example, the district court’s finding of deficits with respect to social skills is supported, inter alia, by his propensity to engage in sexual acts with animals (and his failure to understand the strangeness thereof), his inappropriate attitude toward women (e.g., peeping), his inappropriate social conversations, and stepping too close to others. And the district court’s finding of deficits with respect to health and safety is supported, inter alia, by Holladay’s reckless frolicking around trains and train tracks (apparently without realizing the danger), his tendency to run from police (e.g. he got shot several times), and his episode with the enema (and his seeming lack of embarrassment or ability to clean it up). 38
IV. CONCLUSION In sum, we cannot conclude that the district court clearly erred in finding that Holladay had shown he was mentally retarded under the test utilized by the Alabama courts. Accordingly, the judgment of the district court holding that Holladay is exempt from execution pursuant to Atkins, enjoining the execution, and granting the writ of habeas corpus is AFFIRMED. However, the stay entered by the district court is continued until the expiration of the time for filing certiorari, and if filed, until the ensuing proceedings in the Supreme Court are finally resolved. 39
Page 1 and 2: IN THE UNITED STATES COURT OF APPEA
Page 3 and 4: I. BACKGROUND Holladay was convicte
Page 5 and 6: navigate. The few jobs that Glenn h
Page 7 and 8: experience as a site coordinator fo
Page 9 and 10: By contrast, Dr. Ackerson testified
Page 11 and 12: Several months later, the district
Page 13 and 14: Turning to Alabama law, the Alabama
Page 15 and 16: must constantly have in mind that t
Page 17 and 18: Scale, for a Full Scale IQ of 65. O
Page 20 and 21: elied on the verbal score of 62 to
Page 22 and 23: in light of the later tests and in
Page 24 and 25: 13 of the Flynn effect. We cannot c
Page 26 and 27: parents and placed in foster care.
Page 28 and 29: would become confused when asked so
Page 30 and 31: oth the trial and depositions, whic
Page 32 and 33: self-direction, community living, a
Page 34 and 35: his father’s painting business, h
Page 36 and 37: 17 retardation and that was the sta

[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR ...

Create successful ePaper yourself

Delete template?

Save as template?