Legal Opinion
In Re: Eric Cathey
Court of Appeals for the Fifth Circuit
Decided May 11, 2017No. 16-20312 CONSOLIDATED WITH 16-70015PublishedCited by 22 opinions
1Per curiam
Eric Dewayne Cathey filed a habeas petition raising an Atkins claim in the Southern District of Texas. 1 The district court concluded that Cathey’s petition was successive and transferred it to this Court. Cathey appeals the district court’s transfer order. Alternatively, he asks this Court for authorization to file a successive habeas application. We AFFIRM the district court’s transfer order and GRANT the motion for authorization.
I
Eric Dewayne Cathey was convicted of capital murder and sentenced to death in Texas state court. On direct appeal, the Texas Court of Criminal Appeals (“CCA”)…
2Cases cited55 opinions
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Wilkinson v. DotsonSupreme Court of the United States · 2005
- Roper v. SimmonsSupreme Court of the United States · 2005
- Ford v. WainwrightSupreme Court of the United States · 1986
- Panetti v. QuartermanSupreme Court of the United States · 2007
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3Cited by22 opinions
- Cesar Gonzalez v. United StatesCourt of Appeals for the Ninth Circuit · 2022
- In Re: Erick DavilaCourt of Appeals for the Fifth Circuit · 2018
- Johnson v. Davis (In Re Johnson)Court of Appeals for the Fifth Circuit · 2019
- United States v. Michael St. HubertCourt of Appeals for the Eleventh Circuit · 2019
- In re: Gary Ray BowlesCourt of Appeals for the Eleventh Circuit · 2019
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