Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Maldonado v. Thaler, No. 10-70003

By FindLaw Staff on November 01, 2010 | Last updated on March 21, 2019

Capital Habeas Matter

In Maldonado v. Thaler, No. 10-70003, a capital habeas matter, the denial of petitioner's habeas petition is affirmed where, assuming without deciding that petitioner's evidence regarding his alleged mental retardation rebutted the presumption of correctness that attached to the state habeas court's decision to credit the government's expert's testimony, petitioner was not entitled to habeas relief because even disregarding that testimony, he could not meet his burden of showing that the state court's finding that he was not mentally retarded was either an unreasonable application of Atkins or an unreasonable determination of the facts in light of the evidence presented in state court.

  • As the court wrote:  "The petitioner-appellee, Virgilio Maldonado, was sentenced to death in
    1997 in Texas state court for a murder committed during the course of a robbery in 1995. After exhausting state-court avenues for postconviction relief, he sought habeas relief under 28 U.S.C. § 2254 in federal district court. The district court denied the petition for habeas relief and denied a certificate of appealability (COA)."

    Related Resources

    You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

    Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

    Or contact an attorney near you:
    Copied to clipboard