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HENDERSON v. DAVIS

No. 14-70001.

868 F.3d 314 (2017)

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

United States Court of Appeals, Fifth Circuit.

FILED August 9, 2017.

Attorney(s) appearing for the Case

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

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

Sheri L. Johnson , Cornell University, 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, for Amicus Curiae Texas Psychological Association.

Before JOLLY, SMITH, and ELROD, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

This Court affirmed the district court's denial of Henderson's successive federal habeas petition in which he claimed that he is intellectually disabled and thus ineligible to be executed under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242...

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