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IN RE HEARN

No. 04-10245.

418 F.3d 444 (2005)

In Re: Yokamon Laneal HEARN, Movant.

United States Court of Appeals, Fifth Circuit.

July 20, 2005.

Attorney(s) appearing for the Case

Richard H. Burr, III, Burr & Welch, Hugo, OK, Naomi E. Terr, Houston, TX, for Movant.

Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Movant Yokamon Laneal Hearn is a state prisoner on death row in Texas. He moves pursuant to 28 U.S.C. § 2244(b)(2)(A) for an order authorizing the filing and consideration of a second petition for writ of habeas corpus. Hearn's application is based on the new rule of constitutional law set forth in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). He claims he is...

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