Ochoa v. Workman

MURPHY, Circuit Judge.

I. INTRODUCTION

In Atkins v. Virginia, 536 U.S. 304, 321, 122 S.Ct. 2242,153 L.Ed.2d 335 (2002), the Supreme Court held that the Eighth Amendment precludes the execution of mentally retarded criminals. Relying on Atkins, the Oklahoma Court of Criminal Appeals (“OCCA”) granted George Ochoa, a convicted murderer under sentence of death, a post-conviction jury trial to determine whether he was mentally retarded. The jury found Ochoa failed to meet his burden of proving, by a preponderance of the evidence, he was mentally retarded. The OCCA affirmed. Ochoa v. State, 136 P.3d…