201830P.pdf   08/13/2021  Alvin Jackson  v.  Dexter Payne
   U.S. Court of Appeals Case No:  20-1830
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Grasz, Circuit 
   Judge] 
   Prisoner case - Habeas. Death Penalty Matter. For the court' prior opinion 
   remanding the matter to the District Court for further proceedings on 
   Jackson's claims under Atkins v. Virginian, 536 U.S. 304 (2002), see 
   Jackson v. Kelly, 898 F.3d 859 (8th Cir. 2018). On remand the district 
   court found that Jackson met his burden of showing he is intellectually 
   disabled and accordingly vacated his death sentence. The Arkansas 
   Department of Corrections appeals. Held: the district court did not 
   clearly err in considering Jackson's childhood IQ scores in accordance 
   with this Court's instructions; the district court did clearly err in 
   applying a 
  /-5 standard error of measurement to Jackson's childhood IQ test scores; the 
   district court did not clearly err in concluding Jackson satisfied the 
   intellectual functioning deficit prong of the Arkansas statute barring a 
   death sentence for persons with intellectual disability; nor did the court 
   clearly err in determining Jackson established a deficit in adaptive 
   functioning under the second prong of the Arkansas statute; Jackson also 
   satisfied the remaining prongs of the statute and the district court's 
   order is affirmed. Judge Grasz, dissenting.