FUlTS V. GDCP WARDEN, JUDGE JORDAN AUGUST 26, 2014
Via Justia.com
Petitioner committed Murder and appealed the district court’s denial of a habeas corpus petition. The two main issues raised on appeal were racial prejudice and that he suffered from a low IQ and mental retardation. This Court concluded Petitioner’s claim of racial prejudice on the part of a juror was procedurally defaulted. The Court also concluded that Petitioner did not overcome the presumption of correctness needed to prove he suffered from “significantly sub-average intellectual functioning.” The State’s denial of his mental retardation claim is not based on an unreasonable determination of the facts given the record presented.
BOTTOM LINE:
The record on appeal must be complete on its face. If it is not complete, it will not be considered. If the record, through testimony is not a fair and accurate picture of the Defendant’s mental status, the Defendant is out of luck, because the Court will not consider it on appeal. MAKE SURE THE RECORD IS PROPERLY PRESERVED AND EXPRESSES IN DETAIL ALL ISSUES YOU WISH TO PROVE ON APPEAL.
