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RIVERA v. QUARTERMAN

No. 06-70022.

505 F.3d 349 (2007)

Jose Alfredo RIVERA, Petitioner-Appellee, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

October 18, 2007.

Attorney(s) appearing for the Case

Max T. Hendrick, III, Kelly, Hart & Hallman, Catherine B. Smith, Gwendolyn Johnson Samora (argued), Emily Pipkin, Vinson & Elkins, Houston, TX, William E. Lawler, III, Vinson & Elkins, Washington, DC, for Rivera.

Katherine D. Hayes (argued), Austin, TX, for Quarterman.

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a death penalty case from Cameron County, Texas. Texas appeals from a federal grant of habeas relief on Jose Rivera's Atkins claim, arguing that the district court erred in not dismissing his habeas petition as untimely and in finding that Rivera is mentally retarded. We affirm in part, vacate in part, and remand for further proceedings.

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