Danny Hill v. Carl Anderson, Warden

OPINION

MERRITT, Circuit Judge.

In this Ohio death penalty case, petitioner Danny Hill appeals from the district court’s denial of a writ of habeas corpus following his murder conviction. Throughout his appeals, Hill has argued, among other things, that he is mentally retarded and that retardation prevented him from receiving a fair trial. Before this Court, Hill also advanced the claim that executing the mentally retarded violates the Eighth Amendment’s ban on cruel and unusual punishments, correctly anticipating that the Supreme Court would so hold in Atkins v. Virginia, 536 U.S.-, 122 S.Ct.…