Legal Opinion
In re Holladay
Court of Appeals for the Eleventh Circuit
Decided May 26, 2003No. 03-12676PublishedCited by 119 opinions
1Opinion of the Court
MARCUS, Circuit Judge:
Petitioner Glenn Holladay is a state prisoner scheduled to be executed at 6:01 p.m. on May 29, 2003. He has filed this eleventh hour application for leave to file a second federal habeas corpus petition based on the United States Supreme Court’s decision in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) and for a stay of execution. He alleges that he is mentally retarded, and that under Atkins his execution is flatly forbidden under the Eighth Amendment to the United States Constitution. The State of Alabama opposes Holladay’s motion, arguing…
2Cases cited20 opinions
- Teague v. LaneSupreme Court of the United States · 1989
- Bousley v. United StatesSupreme Court of the United States · 1998
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Penry v. LynaughSupreme Court of the United States · 1989
- Ford v. WainwrightSupreme Court of the United States · 1986
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3Cited by119 opinions
- Case v. HatchCourt of Appeals for the Tenth Circuit · 2013
- Scott v. StateMississippi Supreme Court · 2004
- Goldblum v. KlemCourt of Appeals for the Third Circuit · 2007
- Ex Parte BlueCourt of Criminal Appeals of Texas · 2007
- Bowling v. CommonwealthKentucky Supreme Court · 2005
114 more not listed; retrieve them via the Exa API.