HENDERSON v. STEPHENS

No. 14-70001.

791 F.3d 567 (2015)

James Lee HENDERSON, Petitioner-Appellant v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 30, 2015.


Attorney(s) appearing for the Case

Eric M. Albritton , Albritton Law Firm, Longview, TX, Elizabeth L. DeRieux (argued), Capshaw DeRieux, L.L.P., Gladewater, TX, for Petitioner-Appellant.

Arthur D'Andrea , Office of the Attorney General, Matthew Hamilton Frederick , Deputy Solicitor General (argued), Stephen M. Hoffman , Assistant Attorney General, Austin, TX, for Respondent-Appellee.

Sheri L. Johnson , Cornell University, School of Law, Ithaca, NY, for Amici Curiae American Association on Intellectual and Developmental Disabilities and Arc of the United States.

Mark Keith Glasser , Senior Litigation Attorney, Sidley Austin, L.L.P., Houston, TX, Amicus Curiae for Texas Psychological Association.

Before JOLLY, SMITH and ELROD, Circuit Judges.


James Lee Henderson appeals the district court's denial of federal habeas relief on his claim that he is ineligible to be executed because he is intellectually disabled. We AFFIRM.

I.

Although this is not Henderson's first appeal to this Court, we set out the facts and lengthy procedural history before...

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