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IN RE SPARKS

No. 19-11017.

939 F.3d 630 (2019)

IN RE: Robert SPARKS, Movant.

United States Court of Appeals, Fifth Circuit.

FILED September 24, 2019.

Attorney(s) appearing for the Case

Jonathan David Landers , Houston, TX, for movant.

Ellen Stewart-Klein , Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Respondent.

Before HIGGINBOTHAM, JONES, and COSTA, Circuit Judges.

ORDER:

Nine days before his scheduled execution date on September 25, 2019, Sparks filed a motion in this court to authorize filing a successive federal habeas petition pursuant to 28 U.S.C. § 2244(b).1 Since 2008, Sparks has been through state and federal proceedings concerning his capital crime and death sentence for the brutal murders of two boys. He never raised an Atkins claim alleging intellectual disability until late...

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