Gerald Pizzuto, Jr. v. Randy Blades

OPINION

GOULD, Circuit Judge:

Gerald Ross Pizzuto, Jr., appeals the district court’s denial of his successive petition for a writ of habeas corpus, in which he sought relief based on the United States Supreme Court’s decision in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). In Atkins, the Supreme Court held that the Eighth Amendment prohibits the execution of mentally retarded persons. 1 In response to. Atkins, Idaho enacted a law prohibiting execution of mentally retarded criminals. Pizzuto challenges the Idaho Supreme Court’s decision that his execution is not…