District court's denial of defendant's petition for habeas relief seeking to prevent his execution is affirmed where: 1) the district court did not clearly err in denying defendant's Atkins claim; and 2) the district court did not err by refusing to empanel a jury to determine defendant's mental retardation claim.
Argued: September 22, 2009
Decided: January 27, 2010
Opinion by Chief Judge Shedd
For Appellant: Jody Manier Kris
For Appellee: Steven Andrew Witmer, Office of the Attorney General