Henderson v. Davis

Fifth Circuit

Henderson v. Davis

868 F.3d 314, 2017 WL 3405177, 2017 U.S. App. LEXIS 14723

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 9, 2017

DocketNo. 14-70001

StatusPublished

Cited by2 cases

This text of 868 F.3d 314 (Henderson v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henderson v. Davis, 868 F.3d 314, 2017 WL 3405177, 2017 U.S. App. LEXIS 14723 (5th Cir. 2017).

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Opinion

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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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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Bluebook (online)

868 F.3d 314, 2017 WL 3405177, 2017 U.S. App. LEXIS 14723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-davis-ca5-2017.

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