Case: 14-70001 Document: 00514109550 Page: 1 Date Filed: 08/09/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 14-70001 August 9, 2017
Lyle W. Cayce
JAMES LEE HENDERSON, Clerk
Petitioner - Appellant
v.
LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent - Appellee
Appeal from the United States District Court
for the Eastern District of Texas
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
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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