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MOORE v. QUARTERMAN

No. 07-70026.

517 F.3d 781 (2008)

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

United States Court of Appeals, Fifth Circuit.

February 14, 2008.

Attorney(s) appearing for the Case

William Stanley Harris, Fort Worth, TX, for Moore.

Baxter Ryan Morgan, Austin, TX, for Quarterman.

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Curtis Moore was convicted of capital murder in Texas and sentenced to death. After his conviction and sentence were affirmed on direct review, Moore unsuccessfully sought state and federal habeas relief. Following the Supreme Court's decision in Atkins v. Virginia,1 Moore sought state habeas relief on a mental retardation claim. The state courts rejected his claim on the merits. Moore then...

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