Gerald Pizzuto, Jr. v. Randy Blades

Gerald Ross Pizzuto, Jr., appeals the district court’s denial of his successive petition for a writ of habeas corpus, in which he sought relief based on the United States Supreme Court’s decision in Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002). In Atkins , the Supreme Court held that the Eighth Amendment prohibits the execution of mentally retarded persons. In response to. Atkins , Idaho enacted a law prohibiting execution of mentally retarded criminals. Pizzuto challenges the Idaho Supreme Court’s decision that his execution is not barred under that state law. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm the district court’s denial of Pizzuto’s petition.

I

Pizzuto was convicted of two counts of first-degree murder, two counts of felony murder, one count of robbery, and one count of grand theft. The Idaho Supreme Court succinctly summarized what it considered key facts of the crime as follows:

Pizzuto v. State, 146 Idaho 720 , 202 P.3d 642, 645 (2008); see also Pizzuto v. Blades, 673 F.3d 1003, 1004 (9th Cir.2012). Pizzu-to was sentenced to death for the murders.

Pizzuto’s conviction and sentence were upheld on…