U.S. Court of Appeals for the Fifth Circuit, 2017

Henderson v. Davis

Henderson v. Davis
U.S. Court of Appeals for the Fifth Circuit · Decided August 9, 2017 · Elrod, Jolly, Smith
868 F.3d 314; 2017 WL 3405177; 2017 U.S. App. LEXIS 14723 (Federal Reporter, Third Series)

Henderson v. Davis

Opinion of the Court

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

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, 122 S.Ct. 2242, 153 L.Ed.2d 335 (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, — U.S. -, 137 S.Ct. 1039, 197 L.Ed.2d 416 (2017). Henderson v. Davis, — U.S. -, 137 S.Ct. 1450, 197 L.Ed.2d 644 (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.

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