United States Fifth Circuit

In a capital murder and death sentence case, grant of habeas relief pursuant to defendant's Atkins claim and an ultimate finding that defendant was mentally retarded is vacated where defendant had failed to exhaust the remedies available to him on his Atkins claim in state court.

Appellate Information

• Decided 06/29/2006
• Published 06/30/2006

Judges

• PER CURIAM:, Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Thomas Scott Smith (argued), Smith & Smith, Sherman, TX, Gregory William Wiercioch, Tex. Def. Serv., San Francisco, CA, for Moore., Edward Larry Marshall (argued), Austin, TX, for Quarterman.