United States Fifth Circuit

A capital habeas case, in which petitioner has consistently offered clinical evidence of mental retardation since his first trial in the 1970's, is dismissed without prejudice so that the state can reconsider the case in light of Atkins v. Virginia, 122 S. Ct. 2242 (2002).

Appellate Information

• Decided 10/17/2002
• Published 10/17/2002

Judges

• EDITH H. JONES, Circuit Judge:, Before JONES, BARKSDALE and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kenneth Bruce Florence, Huntsville, TX, for Petitioner-Appellant.


• For Appellees:
  
• Carla Elaina Eldred, Austin, TX, for Respondent-Appellee.