Jackson v. Kelley, No. 16-1847 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit reversed the district court's denial of a petition for habeas relief based on petitioner's claim that he is intellectually disabled. In this case, the district court did not have the benefit of the Supreme Court's decision in Moore v. Texas, 137 S. Ct. 1039 (2017), when it conducted its evidentiary hearing and issued its order. Accordingly, the court remanded for the district court to consider petitioner's claim in light of Moore.
Court Description: Shepherd, Author, with Smith, Chief Judge, and Melloy, Circuit Judge] Prisoner case - Habeas. Death Penalty Matter. The district court's order denying habeas relief is reversed and remanded for further proceeding on Jackson's Atkins claims in light of Moore v. Texas, 137 S. Ct. 1039 (2017).
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