MOORE v. QUARTERMAN

No. 05-70038.

533 F.3d 338 (2008)

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 26, 2008.


Attorney(s) appearing for the Case

Thomas Scott Smith (argued), Smith & Smith, Sherman, TX, Gregory William Wiercioch, Tex. Def. Serv., San Francisco, CA, for Moore.

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

Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.


PER CURIAM:

The issue before this en banc court is whether capital habeas petitioner, Eric Moore, was entitled to a de novo federal court decision whether his alleged mental retardation constitutionally exempts him from execution. We conclude, on the particular facts here presented, that he was so entitled, and we return this case to the panel for review of the district court's finding.

Petitioner Moore was...

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