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[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR ...
[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR ... [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR ...
(Ala. Crim. App. 1992), cert. denied, 629 So.2d 673 (Ala. 1993). The United States Supreme Court denied his petition for writ of certiorari. Holladay v. Alabama, 510 U.S. 1171, 114 S. Ct. 1208 (1994). Holladay filed his initial petition for writ of habeas corpus with the district court in 1995 and it was denied in 1998. We affirmed. However, after the Supreme Court, in its 2002 Atkins decision, announced the new rule that it would be unconstitutional to execute someone who was mentally retarded, we held that the rule had been made retroactive to cases on collateral review by the Supreme Court. Holladay, 331 F.3d at 1172. Thus we granted Holladay permission to file a second habeas corpus petition. On remand, the magistrate judge held an evidentiary hearing; he heard evidence from Holladay’s brother, David Holladay; his childhood acquaintance, Helen Bryan; a former death row guard, Raymond Fuqua; and Holladay’s ex-wife, Jackie Morgan; the court-appointed mental health expert, Dr. Kimberly Ackerson; and Holladay’s mental health expert, Dr. Karen Salekin. David Holladay was the first to testify and he recounted a childhood of watching his older brother struggle with basic tasks. Glenn Holladay, David testified, could not read, could not work as a painter, could only cook eggs, and mostly kept to himself as a child. Glenn could drive a car but used landmarks to 4
navigate. The few jobs that Glenn held were manual labor positions, and even in those, he could not always perform to the satisfaction of his employers or coworkers. Next to testify was Helen Bryan, Holladay’s former neighbor and childhood acquaintance (who was ten years younger than Holladay). She stated that Holladay was slow and would often play with the younger children rather than his peers. She also testified that she witnessed Holladay running from the police with a big smile on his face, as if it were a game. Later, she testified, he stated to her mother and her that he felt more comfortable in jail than out. After Helen Bryan, Holladay called Raymond Fuqua, who had guarded Holladay on death row for about ten years. Fuqua testified that Holladay is a friendly but “slow or special needs” inmate, who has a few friends. Holladay had been eager to work as a runner on death row but complaints from other inmates about Holladay’s hygiene ended his assignment. Fuqua testified that Holladay once administered an enema to himself and made a large mess when he failed to reach the toilet in time. Fuqua was struck by the fact that Holladay did not seem embarrassed by the situation and that Holladay was unable to clean up the mess, although he was otherwise able to keep his cell clean. Finally, Fuqua testified that Holladay was a diabetic and was able to administer blood sugar tests to himself. 5
- Page 1 and 2: IN THE UNITED STATES COURT OF APPEA
- Page 3: I. BACKGROUND Holladay was convicte
- 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
- Page 38 and 39: and substantial deficits in adaptiv
navigate. The few jobs that Glenn held were manual labor positions, and even in<br />
those, he could not always perform to the satisfaction of his employers or coworkers.<br />
Next to testify was Helen Bryan, Holladay’s former neighbor and childhood<br />
acquaintance (who was ten years younger than Holladay). She stated that Holladay<br />
was slow and would often play with the younger children rather than his peers. She<br />
also testified that she witnessed Holladay running from the police with a big smile<br />
on his face, as if it were a game. Later, she testified, he stated to her mother and<br />
her that he felt more comfortable in jail than out.<br />
After Helen Bryan, Holladay called Raymond Fuqua, who had guarded<br />
Holladay on death row for about ten years. Fuqua testified that Holladay is a<br />
friendly but “slow or special needs” inmate, who has a few friends. Holladay had<br />
been eager to work as a runner on death row but complaints from other inmates<br />
about Holladay’s hygiene ended his assignment. Fuqua testified that Holladay<br />
once administered an enema to himself and made a large mess when he failed to<br />
reach the toilet in time. Fuqua was struck by the fact that Holladay did not seem<br />
embarrassed by the situation and that Holladay was unable to clean up the mess,<br />
although he was otherwise able to keep his cell clean. Finally, Fuqua testified that<br />
Holladay was a diabetic and was able to administer blood sugar tests to himself.<br />
5
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