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: Capital Defense Weekly

email edition

By Karl R. Keys, Esq.

This week’s email edition is now available. This edition leads off with  Eric Lynn Moore v Quarterman from the Fifth Circuit sitting en banc. Turning it over to the experts at the  Habeas Assistance and Training Counsel project, the Moore Court held that: Moore?s Atkins claim could be considered by the federal court and without application of § 2254(d). Moore v. Quarterman. Moore had filed a successive state habeas petition shortly after the Atkins case was decided. The Texas Court of Criminal Appeals (TCCA) rejected the petition under its abuse of the writ rule. Moore then received authorization from the Fifth Circuit to file a successor federal habeas petition raising the Atkins claim. Following an evidentiary hearing, the district court found that Moore had proved his mental retardation and granted the writ...continue to full post

Full post as published by Capital Defense Weekly on July 07, 2008 (boomark / email).