Henderson v. Thaler

E. GRADY JOLLY, Circuit Judge:

This court authorized James Lee Henderson, a Texas death row inmate, to file a successive federal habeas petition to assert a claim that he is mentally retarded and thus ineligible for execution under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). In our order authorizing the filing, we noted that, unless the doctrine of equitable tolling applies, Henderson’s successive petition is time-barred. In re Henderson, 462 F.3d 413, 417 (5th Cir.2006). We left “it for the district court to decide whether Henderson’s case presents the ‘rare and…