Legal Opinion

Eldridge v. Quarterman

Court of Appeals for the Fifth Circuit

Decided April 29, 2009No. 08-70012UnpublishedCited by 9 opinions

1Opinion of the Court

PRISCILLA R. OWEN, Circuit Judge: *

Petitioner Gerald Eldridge seeks a certificate of appealability (COA) on the issue of whether Eldridge is mentally retarded and thus ineligible for the death penalty under Atkins v. Virginia. 1 We deny his request for a COA.

I

In April 1994, Eldridge was convicted of capital murder and sentenced to death for killing Cynthia Bogany and her nine-year-old daughter, Chirissa. Cynthia Bogany was Eldridge’s former girlfriend and the mother of his seven-year-old son, Terrell.

The evidence established that Eldridge went to Cynthia Bogany’s apartment, kicked in the…

2Cases cited17 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Atkins v. VirginiaSupreme Court of the United States · 2002
  4. Marshall v. LonbergerSupreme Court of the United States · 1983
  5. Ford v. WainwrightSupreme Court of the United States · 1986

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3Cited by9 opinions

  1. Felix Rocha v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2010
  2. In Re: Eric CatheyCourt of Appeals for the Fifth Circuit · 2017
  3. Maldonado v. ThalerDistrict Court, S.D. Texas · 2009
  4. Steven Long v. Lorie Davis, DirectorCourt of Appeals for the Fifth Circuit · 2016
  5. Felix Rocha v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2010

4 more not listed; retrieve them via the Exa API.

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