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BELL v. COCKRELL

No. 01-40340.

310 F.3d 330 (2002)

Walter BELL, Jr., Petitioner-Appellant, v. Janie COCKRELL, Director, Texas Department of Criminal Justice — Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 17, 2002.

Attorney(s) appearing for the Case

Kenneth Bruce Florence, Huntsville, TX, for Petitioner-Appellant.

Carla Elaina Eldred, Austin, TX, for Respondent-Appellee.

Before JONES, BARKSDALE and BENAVIDES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Pending before this court on remand from the U.S. Supreme Court is the question what to do with a capital habeas case in which the petitioner has consistently offered clinical evidence of mental retardation since his first trial, which took place in the 1970's. We conclude that this habeas petition must be dismissed without prejudice so that the State of Texas can reconsider Bell's case in light of Atkins v. Virginia, ___ U.S...

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