Hall v. Quarterman, No. 06-70041 (5th Cir. 2007)

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The court issued a subsequent related opinion or order on July 9, 2008.

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS March 15, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 06-70041 MICHAEL WAYNE HALL, Petitioner-Appellant versus NATHANIEL QUARTERMAN, DIRECTOR TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent-Appellee Appeal from the United States District Court For the Northern District of Texas, Fort Worth (06-CV-436) Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges. BY THE COURT: We grant a certificate of appealability on Michael Wayne Hall s Atkins claim.1 The case will be scheduled for oral argument before this panel. We are not presently persuaded to grant and we defer decision upon the application for a certificate of appealability on Hall s Ring2 and Penry3 claims until after oral argument. 1 The Court does Atkins v. Virginia , 506 U.S. 314 (2002); Hall v. Texas, 537 U.S. 802 (2002). 2 Ring v. Arizona, 536 U.S. 584 (2002). 3 Penry v. Johnson, 532 U.S. 782 (2001). not request but the parties may supplement the Ring and Penry claims and offer argument, if they wish to do so. So ORDERED. 2

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