Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

JAMES LEE HENDERSON, Petitioner - Appellant v. LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - Appellee

PER CURIAM

Appeal from the United States District Court for the Eastern District of Texas

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before JOLLY, SMITH, and ELROD, Circuit Judges. PER CURIAM:

This Court affirmed the district court's denial of Henderson's successive federal habeas petition in which he claimed that he is intellectually disabled and thus ineligible to be executed under Atkins v. Virginia, 536 U.S. 304 (2002). Henderson v. Stephens, 791 F.3d 567 (5th Cir. 2015). The Supreme Court granted certiorari, vacated our judgment, and remanded this case to us for further consideration in the light of Moore v. Texas, 137 S. Ct. 1039 (2017). Henderson v. Davis, 137 S. Ct. 1450 (2017). It appears that the remand from the Supreme Court is best vetted and addressed first by the district court. Accordingly, we VACATE the judgment of the district court and REMAND this case to the district court for further proceedings in the light of Moore.

Use AI to get other relevant cases.

Comments

Henderson v. Davis
(Aug 9, 2017)