Rickey Lewis v. Rick Thaler, Director

EMILIO M. GARZA, Circuit Judge:

Petitioner Rickey Lynn Lewis filed a successive federal habeas petition, contending he is mentally retarded and ineligible for execution under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding that execution of mentally retarded criminals is “cruel and unusual punishment” prohibited by Eighth Amendment). The district court denied relief, but granted a certificate of appealability (“COA”) on the issue of whether the state court’s determination that Lewis did not establish by a preponderance of the evidence that he had significantly…