No. 20-1830 ___________________________

Alvin Bernal Jackson

Plaintiff - Appellee

v.

Dexter Payne, Director, Department of Correction

Defendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________

Submitted: May 12, 2021 Filed: August 13, 2021 ____________ Before SMITH, Chief Judge, SHEPHERD and GRASZ, Circuit Judges. ____________ SHEPHERD, Circuit Judge.

Alvin Bernal Jackson is an Arkansas prisoner on death row. This is the fourth appeal regarding his petition for federal habeas relief on the basis that he is intellectually disabled and thus ineligible for the death penalty under the Eighth Amendment and Atkins v. Virginia, 536 U.S. 304 (2002). In a previous appeal, this Court reversed and remanded for further proceedings on Jackson’s Atkins claim. See Jackson v. Kelley, 898 F.3d 859 (8th Cir. 2018). On remand, the district court1 found that Jackson met his burden of showing that he is intellectually disabled and accordingly vacated Jackson’s death sentence. Dexter Payne, Director of the Arkansas Department of Correction, appeals. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

I.

In 1989, when he was 19 years old, Jackson killed Charles Colclasure and was later convicted of capital murder and sentenced to life in prison. In 1996, while in prison, Jackson killed a prison guard, Scott Grimes. Jackson was convicted of capital murder and sentenced to death. The Arkansas Supreme Court affirmed his conviction and sentence, see Jackson v. State, 954 S.W.2d 894 (Ark. 1997), and later denied his petition for state postconviction relief, see Jackson v. State, 105 S.W.3d 352 (Ark. 2003).

In 2003, Jackson filed a petition pursuant to 28 U.S.C. § 2254 in the federal district court, asking that the court find him intellectually disabled and thus ineligible for the death penalty under the Eighth Amendment and Atkins. The district court denied relief, and we reversed and remanded. See Jackson v. Norris, 256 F. App’x 12 (8th Cir. 2007) (per curiam) (Jackson I). On remand from Jackson I, the district court again denied Jackson relief without a hearing. Again, we reversed and remanded, finding that Jackson was entitled to an Atkins hearing. See Jackson v. Norris, 615 F.3d 959 (8th Cir. 2010) (Jackson II).

In 2011, the district court held an evidentiary hearing on Jackson’s Atkins claim and heard from two experts: clinical psychologist Dr. James Moneypenny, Jackson’s expert; and clinical and forensic psychologist Dr. Gilbert S. Macvaugh,

1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas. -2- III, the State’s 2 expert. The district court also heard testimony from Jackson. The district court heard testimony and reviewed records that Jackson, who grew up in Little Rock, exhibited serious behavioral problems early in his life and did not perform well in school. Jackson was administered multiple intelligence quotient (IQ) tests in childhood, resulting in observed scores of 72, 73, 74, and 81. During childhood, Jackson was diagnosed with anti-social personality disorder and ADHD, among other disorders. Throughout his schooling, Jackson exhibited violent and disruptive behavior, and he consistently tested below his age and grade level. At age eight, Jackson had to be removed from the classroom because he was considered too dangerous, and he was referred to th