[DOWNLOAD] "Clark v. Quarterman" by In the United States Court of Appeals for the Fifth Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: Clark v. Quarterman
• Author : In the United States Court of Appeals for the Fifth Circuit
• Release Date : January 20, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The defendant, James Lee Clark, has filed a successive habeas petition in this case, arguing that the evidence presented to the state courts established that he suffers from significantly sub-average intellectual functioning to the point of mental retardation and thus may not be executed. The district court concluded that the state court did not err in finding that Clark had failed to establish that he had significantly sub-average general intellectual functioning, the first element of the Texas test for mental retardation, and did not proceed further to the other elements. Clark argues that the district court erred in upholding the state courts findings on that element and erred in refusing to consider Clarks arguments as to the other elements of the test. Upon our review, we determine that the district court did not err in affirming the state court as to the "significantly sub-average intellectual functioning" element of mental retardation and that the district court did not err in considering only that element.

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