Panetti v. Quarterman

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit F I L E D No. 04-70045 August 15, 2007 Charles R. Fulbruge III Clerk SCOTT LOUIS PANETTI, Petitioner-Appellant, v. NATHANIEL QUARTERMAN, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent-Appellee. Appeal from the United States District Court for the Western District of Texas USDC No. 1:04-CV-042-SS ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before HIGGINBOTHAM, GARZA, and STEWART, Circuit Judges. PER CURIAM:* This case returns to us on remand from the Supreme Court of the United States. The Supreme Court vacated our judgment and remanded the case for further development of an evidentiary record and resolution of the petitioner’s constitutional claim in the district court. Panetti v. Quarterman, 127 S. Ct. 2842 (2007). Accordingly, we remand the case to the District Court for the Western * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 04-70045 District of Texas for further proceedings consistent with the opinion of the Supreme Court. 2