James Henderson v. William Stephens, Director

Filing

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

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.

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