Whether a state court unreasonably applies Atkins v. Virginia when it focuses on the individual's 'present functioning' in a prison environment, discounting historical evidence and diagnoses of intellectual disability

QUESTIONS PRESENTED FOR REVIEW L Whether it constitutes an unreasonable determination of the facts under 28 U.S.C. § 2254(d)(2) when a state court decision rejecting an Atkins v. Virginia, 536 U.S. 304 (2002) claim of intellectual disability does so by focusing on the individual’s “present functioning” in the confines of a prison environment, effectively discounting overwhelming historical record evidence and multiple diagnoses of intellectual disability. IL. Whether a state court unreasonably applies Atkins when, contrary to the clinical standards in existence at the time adopted as controlling under state law for resolving claims of intellectual disability brought by death sentenced inmates, it treats the primary inquiry as the individual’s “present functioning” in a prison environment? Ill. Whether it is a miscarriage of justice and a constitutional violation to allow the death sentence to stand when the Warden and the Sixth Circuit Court of Appeals agree Mr. Hill is intellectually disabled? ii List of All