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PANETTI v. DAVIS

No. 14-70037.

863 F.3d 366 (2017)

Scott Louis PANETTI, Petitioner-Appellant v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed July 11, 2017.

Attorney(s) appearing for the Case

Gregory William Wiercioch , University of Wisconsin Law School, Madison, WI, Kathryn M. Kase, Esq. , Houston, TX, for Petitioner-Appellant.

Dustin Mark Howell, Esq. , Ellen Stewart-Klein , Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for Respondent-Appellee.

Thomas F. Allen, Jr. , Jones Day, Dallas, TX, Victoria Dorfman , Jones Day, New York, NY, for Amid Curiae Mark L. Earley, Sr., David A. Keene, James C. Miller, III, Richard A. Viguerie, C. Preston Noell, III, Patrick J. Nolan, Harold D. Stratton, Jr., and Patrick A. Trueman.

Before STEWART, Chief Judge, and HIGGINBOTHAM and OWEN, Circuit Judges.

Our question today is competency to be executed and its attending procedures, not the validity of the conviction or sentence. We stayed execution to consider Scott Panetti's appeal from the denial of appointed counsel and funding to hire a mental health expert and investigator. We will now reverse the district...

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