Panetti v. Davis, No. 14-70037 (5th Cir. 2017)
Annotate this CasePetitioner was convicted of killing his wife's parents and sentenced to death. In this appeal, the Fifth Circuit reversed the district court's denial of appointed counsel and expert funding under 18 U.S.C. 3599, vacated its factual findings relating to petitioner's competency, and remanded for additional proceedings. The court held that petitioner was entitled to counsel to pursue his claim because Texas's application of Article 46.05 of the Texas Code of Criminal Procedure denied him due process. Furthermore, the court did not see justification for denying petitioner funding for experts and other investigative resources. Because the district court's conclusion was tainted by the inadequate due process protection provided to petitioner by the State, the court vacated the district court's findings of fact regarding his competency to be executed.
This opinion or order relates to an opinion or order originally issued on December 3, 2014.
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