United States Ninth Circuit

Vacating a district court order denying a Nevada prisoner's motion to reopen his habeas corpus proceedings challenging his death sentence and remanding for reconsideration, but affirming a district court order denying a motion relating to the invalidation of Florida's capital sentencing scheme and denying leave to file a second or successive habeas petition based upon the Florida precedent in that incident because the district court erred in its AEDPA analysis of the convict's alleged intellectual disability that he claims renders him categorically exempt from the death penalty.

Appellate Information

• Published 2017/09/01

Judges

• TALLMAN

Court

• United States Ninth Circuit

Counsel