United States Fifth Circuit

Plaintiff-death row inmate's second petition for writ of habeas corpus is granted where it is based on the new rule of constitutional law set forth in Atkins v. Virginia, 536 U.S. 304 (2002).

Appellate Information

• Decided 07/20/2005
• Published 07/21/2005

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Richard H. Burr, III, Burr & Welch, Hugo, OK, Naomi E. Terr, Houston, TX, for Movant.