Bobby Hines v. Rick Thaler, Director

KING, Circuit Judge: *

Bobby Lee Hines was convicted of capital murder in a jury trial in Texas and sentenced to death. The Texas Court of Criminal Appeals affirmed his conviction and sentence on direct appeal, and Hines unsuccessfully sought both state and federal habeas relief. Hines now seeks a certifícate of appealability pursuant to 28 U.S.C. § 2253 to challenge the district court’s denial of successive habeas relief, arguing, under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), that he cannot be executed because he is mentally retarded. We hold that reasonable…