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: How Appealing

Failure to exhaust state court remedies before seeking habeas corpus relief in federal court and executing the mentally retarded

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Failure to exhaust state court remedies before seeking habeas corpus relief in federal court and executing the mentally retarded: Yesterday, the U.S. Court of Appeals for the Fifth Circuit issued an order granting rehearing en banc in a case involving Texas death row inmate Eric Moore.

Earlier, a divided three-judge panel twice voted 2-1 (see here and here) to overturn the federal district court's grant of habeas relief, which had been based on a finding that Moore was retarded.

Full post as published by How Appealing on March 13, 2008 (boomark / email).

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