Robert Wayne Holsey v. Warden, Georgia Diagonstic Prison

For the reasons stated in my dissent in Hill v. Humphrey, 662 F.3d 1335, 1365-78 (11th Cir.2011) (en banc), I continue to believe that Georgia’s requirement that defendants prove mental retardation beyond a reasonable doubt is unconstitutional under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002).

I also believe that the Georgia Supreme Court’s “decision” that the ineffectiveness of counsel did not prejudice Holsey is “based on an unreasonable determination of the facts,” see 28 U.S.C. § 2254(d)(2) (2006), and therefore, we must conduct a de novo review. See Cooper v.…