United States Fifth Circuit

In a death penalty case, a grant of habeas relief pursuant to an Atkins claim is affirmed in part and vacated in part where: 1) contrary to the ruling below, petitioner's application was untimely; 2) however, the record was not sufficiently developed to determine whether equitable tolling was appropriate; and 3) on the merits, there was no error in a finding that petitioner was mentally retarded.

Appellate Information

• Decided 10/18/2007
• Published 10/19/2007

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Max T. Hendrick, III, Kelly, Hart & Hallman, Catherine B. Smith, Gwendolyn Johnson Samora (argued), Emily Pipkin, Vinson & Elkins, Houston, TX, William E. Lawler, III, Vinson & Elkins, Washington, DC, for Rivera., Katherine D. Hayes (argued), Austin, TX, for Quarterman.