Alvin Jackson v. Wendy Kelley

SHEPHERD, Circuit Judge.

Once more our Court faces the task of deciding whether Petitioner Alvin Bernal Jackson was improperly denied habeas corpus relief. This is Jackson's third appeal to this Court seeking a finding that he is intellectually disabled under Ark. Code Ann. § 5-4-618 (a)(1), which, in accordance with the Supreme Court's decision in Atkins v. Virginia , would exempt him from the death penalty. Atkins , 536 U.S. 304 , 321, 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002) (finding "that death is not a suitable punishment for a mentally retarded criminal"). Jackson argues that the district…