Paul M. McManus v. Ron Neal

SYKES, Circuit Judge.

An Indiana jury convicted Paul Mc-Manus of murdering his estranged wife and two young daughters, and the trial judge sentenced him to death in accordance with the jury’s recommendation. The Indiana Supreme Court affirmed on direct appeal, but on postconviction review the trial judge found McManus intellectually disabled and thus ineligible for the death penalty. See Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002); see also Ind.Code § 35-36-9-6. A divided Indiana Supreme Court disagreed and reimposed the death sentence.

McManus then sought federal…