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A key rehearing

By Karl R. Keys, Esq.

The Fifth Circuit has granted rehearing in Moore v. Quarterman, No. 05-70038 (5th Cir. 3/14/2008).  The issue is Atkins & the procedural issues surrounding it.  From Decision of the Day: In July of 2006, I blogged about this Fifth Circuit decision, in which a divided panel affirmed a denial of habeas relief to a death row inmate who is likely mentally retarded. The panel?s decision was based on a tricky procedural issue involving exhaustion, but the practical effect was to clear the way for Texas to execute a retarded person in violation of the Supreme Court?s decision in Atkins v. Virginia. The panel granted rehearing a year later, but the end result was the same.  To its credit, the Fifth Circuit has agreed to revisit this result en banc...continue to full post

Full post as published by Capital Defense Weekly on March 18, 2008 (boomark / email).