STATE EX REL. WEARRY v. Cain

31 So.3d 349 (2010)

STATE ex rel. Michael WEARRY

v.

Burl CAIN, Warden, et al.

No. 2010-KP-0240.

Supreme Court of Louisiana.

April 1, 2010.

ORDER

Granted in part. The district court's order denying relator's motion to bifurcate his claim that he is mentally retarded and so exempt from capital punishment under the decision in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), from his claims for post-conviction relief in a supplemental application he must file on or before May 6, 2010, is affirmed. However, relator may have an additional 60 days from the present due date to file…