Rivera v. Quarterman
Court of Appeals for the Fifth Circuit
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This is a death penalty case from Cameron County, Texas. Texas appeals from a federal grant of habeas relief on Jose Rivera’s Atkins claim, arguing that the district court erred in not dismissing his ha-beas petition as untimely and in finding that Rivera is mentally retarded. We affirm in part, vacate in part, and remand for further proceedings.
I
The dates and sequence of events are important in this appeal. In May 1994, Rivera was convicted and sentenced to death for murdering three-year-old Luis Daniel Blanco. The Texas Court of Criminal Appeals…
2Cases cited26 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Ake v. OklahomaSupreme Court of the United States · 1985
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Harris v. ReedSupreme Court of the United States · 1989
- Ford v. WainwrightSupreme Court of the United States · 1986
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3Cited by83 opinions
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- Felix Rocha v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2010
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