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First in Flight

Divided Argument

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Is the Sixth Circuit Looking Out for the Little Guy?

A prisoner who missed his dead line for filing a habeas petitioned, but arguably because he didn't have access to federal legal materials in his prison. A capital case where the capital prisoner is arguing that he can't be executed under atkins versus virginia because he has an intellectual disability. The lower courts used a kind of definition of intellectual disability that has now enly been superseded by the american association on intellectual and developmental disabilities. And here kun's imperaments, manifested at age 20, fully manifests at age 20.

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