# Moore v. Quarterman

> Court of Appeals for the Fifth Circuit · March 13, 2008 · 533 F.3d 338

URL: https://www.frixlaw.com/law-library/cases/59435

## Case

- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** March 13, 2008
- **Citations:** 533 F.3d 338
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/59435

## How later opinions describe it (automated extraction)

- acknowledging that a defendant's IQ score was reduced to account for the Flynn Effect
- noting that the defendant's IQ scores were adjusted to reflect the Flynn Effect

## Opinion text

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals
Fifth Circuit
FOR THE FIFTH CIRCUIT
FILED
March 12, 2008
No. 05-70038
Charles R. Fulbruge III
ERIC LYNN MOORE Clerk
Petitioner-Appellee

versus

NATHANIEL QUARTERMAN, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION
Defendant-Appellant

- - - - -
Appeal from the United States District Court
for the Eastern District of Texas, Tyler Division
- - - - -

ON PETITION FOR REHEARING EN BANC
(Opinion June 29, 2006, 5 Cir., 2006,_____F.3d_____)
(Opinion June 27, 2007, 5 Cir., 2007, _____F.3d_____)

BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, WIENER,
BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT,
PRADO, OWEN, ELROD and SOUTHWICK, Circuit Judges.

BY THE COURT:

A member of the Court in active service having requested

a poll on the petition for rehearing en banc and a majority of

the judges in active service having voted in favor of granting a

rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the

court en banc with oral argument on a date hereafter to be fixed.

The Clerk will specify a briefing schedule for the filing of en

banc briefs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/59435. Public record. Not legal advice.