claim of mental retardation is granted

Ochoa v. Sirmons, No. 06-6349
In a death penalty case, a motion to file second or successive petition for writ of habeas corpus setting forth an Atkins claim of mental retardation is granted where, although the pendency of an appeal from the denial of a first petition does not obviate the need for authorization of newly raised claims, petitioner made the prima facie showing required for authorization to proceed under section 2244(b)(2)(A).