Robert Campbell
750 F.3d 523
5th Cir.2014Background
- Campbell, a death-row inmate, challenges his execution eligibility under Atkins v. Virginia, claiming intellectual disability.
- He filed for authorization to file a successive federal habeas petition and sought a stay of execution; the court granted both motions.
- Key earlier records show childhood IQ tests (IQ 68, 71, and 84) and a 1992 short-form IQ around 71, suggesting subaverage functioning.
- The Texas Department of Criminal Justice allegedly failed to disclose these tests and misrepresented testing policies to Campbell’s earlier counsel.
- In 2003 Campbell’s state and federal efforts were unsuccessful; later, newly discovered evidence in 2014 included additional tests and a psychologist’s evaluation diagnosing mild mental retardation.
- The court authorized the successive petition and granted a stay pending resolution of the Atkins claim, noting equitable tolling may apply and persuading the district court to consider the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May Campbell file a successive petition? | Atkins claim not raised in prior petition; new rule retroactive and unavailable earlier. | Filing is barred unless preconditions for authorization are met and timeliness considerations apply. | Yes; authorization granted. |
| Does Campbell show prima facie eligibility for Atkins claim? | Four childhood/intelligence tests show significantly subaverage functioning; adaptive functioning evidence supports disability. | Historical records were incomplete and contested; enough to deny prima facie showing at this stage argued against merit. | Yes; prima facie showing established. |
| Should a stay of execution be granted pending resolution of the Atkins claim? | Stays are warranted to prevent unconstitutional execution of mentally disabled individuals; likelihood of success on merits is substantial. | Granting a stay would delay justice and may prejudice the state; timing concerns due to delay. | Stay granted. |
Key Cases Cited
- In re Morris, 328 F.3d 739 (5th Cir. 2003) (prima facie standard for authorization to file second or successive habeas petition)
- Felker v. Turpin, 518 U.S. 651 (U.S. 1996) (authorization required for successive petitions)
- Atkins v. Virginia, 536 U.S. 304 (U.S. 2002) (mentally disabled not eligible for death penalty)
- Henderson v. Thaler, 626 F.3d 773 (5th Cir. 2010) (equitable tolling standards and timely filing considerations)
- O’Bryan v. Estelle, 691 F.2d 706 (5th Cir. 1982) (stay considerations in capital cases)
- Buxton v. Collins, 925 F.2d 816 (5th Cir. 1991) (four-factor test for stay of execution)