081749P.pdf   12/19/2011  Arboleda Ortiz  v.  United States
   U.S. Court of Appeals Case No:  08-1749
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Riley, Author, with Benton and Shepherd, Circuit Judges]
   Prisoner case - Death Penalty Habeas. For Ortiz's direct appeal, see
   U.S. v. Ortiz, 315 F.3d 873 (8th Cir. 2002). In the interests of justice, the
   court would expand the record to include certain exhibits regarding
   Ortiz's possession of a state identification card; court would not consider
   the other evidence Ortiz sought to add to the record on appeal as he
   adequate opportunities to introduce these materials in his Section 2255
   proceeding; case remanded for further proceedings on Ortiz's Atkins'
   mental retardation claim in light of the new evidence establishing the
   district court clearly erred in finding Ortiz passed a Texas driver's license
   exam; court would not express any opinion on the issue of whether Ortiz
   is mentally retarded based on the current record; claims of ineffective
   assistance of counsel rejected as counsel made a reasonable investigation
   into Ortiz's background and the decision not to pursue a mental health
   defense was a reasonable professional judgment under the circumstances.