Legal Opinion
Moore v. Dretke
Court of Appeals for the Fifth Circuit
Decided May 7, 2004No. 03-41293PublishedCited by 38 opinions
1Per curiam
The state appeals a conditional grant of a writ of habeas corpus to Eric Moore. Moore cross-appeals, asking us to vacate the writ and instruct the district court to conduct an evidentiary hearing. We vacate the writ and remand for further proceedings, which need not necessarily include the requested evidentiary hearing.
This court previously granted Moore permission to file a successive habeas petition under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2254, because he had made a prima facie showing of entitlement to relief predicated on Atkins v. Virginia,…
2Cases cited12 opinions
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Jose Evaristo Reyes-Requena v. United StatesCourt of Appeals for the Fifth Circuit · 2001
- Joe Mario Trevino, Jr. v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
- Hallmark v. JohnsonCourt of Appeals for the Fifth Circuit · 1997
- Crone v. CockrellCourt of Appeals for the Fifth Circuit · 2003
7 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Mathis v. ThalerCourt of Appeals for the Fifth Circuit · 2010
- William Wiley v. Christopher Epps, CommissionerCourt of Appeals for the Fifth Circuit · 2010
- Brown v. DretkeCourt of Appeals for the Fifth Circuit · 2005
- Moore v. QuartermanCourt of Appeals for the Fifth Circuit · 2006
- Robert Ladd v. William Stephens, DirectorCourt of Appeals for the Fifth Circuit · 2014
33 more not listed; retrieve them via the Exa API.