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

Holladay’s former attorney, one of Holladay’s friends, and a fellow death row
inmate. Although she attempted to talk to Holladay’s ex-wives, she could not
locate one and the other, Jackie Morgan, refused to speak to her. Her interviews
with Holladay spanned two full days and several hours on the third.
Based on her evaluation of DHR records, school and other records, 5
Holladay’s test scores, her interviews with those who know Holladay and her
interview with Holladay himself, Dr. Salekin determined that Holladay was
mentally retarded. She noted that on the IQ test that she administered, Holladay
had scored a 58. While allowing that his score would have naturally declined
because of his age and incarceration, she testified that it was consistent with his
past scores, which averaged below the threshold for mental retardation in Alabama
of 70. She also pointed to his lack of adaptive functioning in several areas:
employment, health and safety, self-direction, social and interpersonal skills, and
education. Her information on these subjects was gleaned from her interviews, the
DHR records, and trial and deposition testimony.
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In her report, Dr. Salekin discussed the findings of Dr. Norko and Dr. Fisher, a
psychiatrist and a psychologist who testified that they thought Holladay was mentally retarded
during the Rule 20 proceedings in support of his argument that he received ineffective assistance
of counsel. She did not, however, discuss the findings of Dr. Dixon, a psychologist who testified
that he did not think that Holladay was mentally retarded, because she thought he did not
administer proper tests and because Dr. Dixon admitted in testimony that his evaluation was just
to confirm that Holladay was not mentally retarded; such an admission, she testified, showed a
bias.
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