Ferguson v. Allen
| Thomas Dale Ferguson |
| Richard F. Allen |
| 3:2009cv00138 |
| January 22, 2009 |
| US District Court for the Northern District of Alabama |
| Northwestern Office |
| Colbert |
| T Michael Putnam |
| C Lynwood Smith |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution |
| None |
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The following documents for this case are available for you to view or download:
| Document Text |
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Filing
51
MEMORANDUM OPINION: Petitioner having failed to establish that he suffers from significantly subaverage intellectual functioning or that he has significant or substantial deficits in adaptive behavior, his Atkins claim and his petition for writ of habeas corpus are due to be DENIED as more fully set out in this opinion. Signed by Judge C Lynwood Smith, Jr on 5/21/2020. (AHI )
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Filing
19
MEMORANDUM OPINION that the 18 MOTION to Alter Judgment is GRANTED in part and DENIED in part; it is ORDERED that Part V.F. of this court's prior memorandum opinion addressing the claim that Ferguson Was Improperly Denied a Hearing on His M ental Capacity Under Atkins v. Virginia is, RESCINDED, VACATED, and held for NAUGHT; attorney's for petitioner, are ORDERED to inform this court and opposing counsel, by close of business 7/19/2017, of the date upon which they reasonably anticip ate being prepared to proceed to an evidentiary hearing on petitioner's assertion that he is categorically excluded from eligibility for the imposition of the death penalty as a result of intellectual disability; Respondent must file a response by 7/26/2017; in all other respects, it is ORDERED that petitioner's motion to alter or amend this court's previous judgment is OVERRULED and DENIED as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 6/27/2017. (AHI)
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Filing
16
MEMORANDUM OPINION as more fully set out therein. Signed by Judge C Lynwood Smith, Jr on 7/21/2014. (AHI)
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| Petitioner: Thomas Dale Ferguson | |
| Represented By: | T Thomas Cottingham, III |
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| Respondent: Richard F. Allen | |
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