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MOORE v. QUARTERMAN

No. 05-70038.

454 F.3d 484 (2006)

Eric Lynn MOORE, Petitioner-Appellee, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 29, 2006.

Attorney(s) appearing for the Case

Thomas Scott Smith (argued), Smith & Smith, Sherman, TX, for Moore.

Edward Larry Marshall (argued), Austin, TX, for Quarterman.

Before SMITH, GARZA and DENNIS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Eric Moore was convicted of capital murder and sentenced to death in 1991. In the wake of Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), he filed a successive petition for habeas corpus relief in state court, arguing that he is mentally retarded and thus ineligible for the death penalty. The petition was dismissed by the Texas Court of Criminal Appeals ("TCCA").

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