Legal Opinion

Horn v. Quarterman

Court of Appeals for the Fifth Circuit

Decided November 15, 2007No. 05-70059PublishedCited by 58 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

Petitioner-appellant Patrick Horn (Horn) was convicted of capital murder in Texas state court and sentenced to death. After Horn filed a petition for habeas relief under 28 U.S.C. § 2254 in federal district court, the United States Supreme Court decided Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005), declaring unconstitutional the execution of those under eighteen at the time of their crime. The district court stayed Horn’s case to allow him to pursue in state court his claim that because he was seventeen years old at the time he committed the…

2Cases cited37 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miranda v. ArizonaSupreme Court of the United States · 1966
  3. Chapman v. CaliforniaSupreme Court of the United States · 1967
  4. Crawford v. WashingtonSupreme Court of the United States · 2004
  5. Kotteakos v. United StatesSupreme Court of the United States · 1946

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3Cited by58 opinions

  1. Bush v. StateWyoming Supreme Court · 2008
  2. People v. WrottenNew York Court of Appeals · 2009
  3. People v. PhillipsColorado Court of Appeals · 2012
  4. Commonwealth v. AtkinsonSuperior Court of Pennsylvania · 2009
  5. Fratta v. QuartermanCourt of Appeals for the Fifth Circuit · 2008

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