James Henderson v. William Stephens, Director


PUBLISHED OPINION FILED. [14-70001 Vacated and Remanded] Judge: EGJ , Judge: JES , Judge: JWE. Mandate pull date is 08/30/2017 [14-70001]

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Case: 14-70001 Document: 00514109550 Page: 1 Date Filed: 08/09/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-70001 JAMES LEE HENDERSON, FILED August 9, 2017 Lyle W. Cayce Clerk Petitioner - Appellant v. LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - Appellee Appeal from the United States District Court for the Eastern District of Texas ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JOLLY, SMITH, and ELROD, Circuit Judges. PER CURIAM: This Court affirmed the district court’s denial of Henderson’s successive federal habeas petition in which he claimed that he is intellectually disabled and thus ineligible to be executed under Atkins v. Virginia, 536 U.S. 304 (2002). Henderson v. Stephens, 791 F.3d 567 (5th Cir. 2015). The Supreme Court granted certiorari, vacated our judgment, and remanded this case to us for further consideration in the light of Moore v. Texas, 137 S. Ct. 1039 (2017). Henderson v. Davis, 137 S. Ct. 1450 (2017). It appears that the remand from the Supreme Court is best vetted and addressed first by the district court. Case: 14-70001 Document: 00514109550 Page: 2 Date Filed: 08/09/2017 No. 14-70001 Accordingly, we VACATE the judgment of the district court and REMAND this case to the district court for further proceedings in the light of Moore. 2

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