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

By contrast, Dr. Ackerson testified that she did not think that Holladay was
mentally retarded. In preparing her report, Dr. Ackerson interviewed three law
enforcement officers; Holladay’s former wife, Jackie Morgan; and Jackie Morgan’s
son, Jerry. Dr. Ackerson’s impression of Holladay was quite different than Dr.
Salekin’s: Dr. Ackerson found him to be socially appropriate and able to answer
questions appropriately. After reviewing the records and meeting with him for
about five hours, Dr. Ackerson determined that it was not necessary to administer
an IQ test. She testified that she believed that the score would be low but that she
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thought it was the result of other factors, such as a learning disability and his
chaotic home life. She discounted his adult test scores because of the lack of
consistency in his scores, which she thought was not reflective of a person with
mental retardation. Dr. Ackerson also pointed to Holladay’s planning and carrying
out of the murders and ability to elude law enforcement for several months after the
murders as evidence of his adaptive skills that were inconsistent with mental
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The regulations for Public Law (P.L.) 101-476, the Individuals with Disabilities
Education Act (IDEA), formerly P.L. 94-142, the Education of the Handicapped Act (EHA),
define a learning disability as a “disorder in one or more of the basic psychological processes
involved in understanding or in using spoken or written language, which may manifest itself in
an imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations.”
34 C.F.R. § 300.8 (c)(10)(i). According to the regulations, learning disabilities do not include
learning problems that are primarily the result of visual, hearing, or motor disabilities; mental
retardation; or environmental,cultural, or economic disadvantage. § 300.8 (c)(10)(ii).
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