Robert Ladd v. William Stephens, Director

HIGGINBOTHAM, Circuit Judge:

A Texas jury convicted Robert Ladd of capital murder and sentenced him to death for the rape and murder of Vicki Ann Garner. Ladd sought habeas relief in federal district court, claiming that he is mentally retarded 1 and therefore categorically ineligible for the death penalty under Atkins v. Virginia. 2 , Following an evidentiary hearing, the district court denied habeas relief, but granted a Certificate of Appealability (“COA”). We AFFIRM.

I

A

In 1978, Robert Ladd was convicted of murdering a woman and her two children, and then setting her house on fire. After…