Alvin Jackson v. Larry Norris

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 20, 2007
• Docket: 07-1331
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 07-1331 ___________

Alvin Bernal Jackson, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Larry Norris, Director, Arkansas * Department of Correction, * [UNPUBLISHED] * Appellee. * ___________

Submitted: November 14, 2007 Filed: November 20, 2007 ___________

Before RILEY, BOWMAN, and SMITH, Circuit Judges. ___________

PER CURIAM.

In light of this court’s recent decision in Simpson v. Norris, 490 F.3d 1029, 1034-1036 (8th Cir. 2007) (concluding the existence of an Arkansas statute that precluded the execution of the mentally retarded was irrelevant to whether the applicant had defaulted an Atkins v. Virginia, 536 U.S. 304, 321 (2002), claim by failing to bring the claim under the statute), reh’g en banc denied, No. 06-2823 (8th Cir. Aug. 20, 2007), we reverse and vacate the judgment of the district court and remand this case to the district court for further proceedings. See Simpson, 490 F.3d at 1035-36. ______________________________