From Casetext: Smarter Legal Research

Jackson v. Norris

United States Court of Appeals, Eighth Circuit
Nov 20, 2007
256 F. App'x 12 (8th Cir. 2007)

Opinion

No. 07-1331.

Submitted: November 14, 2007.

Filed: November 20, 2007.

Appeal from the United States District Court for the Eastern District of Arkansas.

Before RILEY, BOWMAN, and SMITH, Circuit Judges.


[UNPUBLISHED]


In light of this court's recent decision in Simpson v. Norris, 490 F.3d 1029, 1034-1036 (8th Cir. 2007) (concluding the existence of an Arkansas statute that precluded the execution of the mentally retarded was irrelevant to whether the applicant had defaulted an Atkins v. Virginia, 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), claim by failing to bring the claim under the statute), reh'g en banc denied, 499 F.3d 874 (8th Cir. 2007), we reverse and vacate the judgment of the district court and remand this case to the district court for further proceedings. See Simpson, 490 F.3d at 1035-36.


Summaries of

Jackson v. Norris

United States Court of Appeals, Eighth Circuit
Nov 20, 2007
256 F. App'x 12 (8th Cir. 2007)
Case details for

Jackson v. Norris

Case Details

Full title:Alvin Bernal JACKSON, Appellant, v. Larry NORRIS, Director, Arkansas…

Court:United States Court of Appeals, Eighth Circuit

Date published: Nov 20, 2007

Citations

256 F. App'x 12 (8th Cir. 2007)

Citing Cases

Sasser v. Norris

We recently reaffirmed our Simpson holding. See Jackson v. Norris, 256 Fed. Appx. 12 (8th Cir. 2007) (per…

Rankin v. Payne

The circuit has considered the appropriate habeas review of an Atkins claim, when the petitioner's conviction…