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James Henderson v. William Stephens, Director
14-70001
| 5th Cir. | Aug 9, 2017
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*1 Before JOLLY, SMITH, and ELROD, Circuit Judges.

PER CURIAM:

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 (2002). Henderson v. Stephens , 791 F.3d 567 (5th Cir. 2015). The Supreme Court granted certiorari, vacated our judgment, and remanded this case to us for further consideration in the light of Moore v. Texas , 137 S. Ct. 1039 (2017). Henderson v. Davis , 137 S. Ct. 1450 (2017). It appears that the remand from the Supreme Court is best vetted and addressed first by the district court.

Case: 14-70001 Document: 00514109550 Page: 2 Date Filed: 08/09/2017

No. 14-70001

Accordingly, we VACATE the judgment of the district court and REMAND this case to the district court for further proceedings in the light of Moore .

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Case Details

Case Name: James Henderson v. William Stephens, Director
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Aug 9, 2017
Docket Number: 14-70001
Court Abbreviation: 5th Cir.
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