Steven Long v. Lorie Davis, Director

Case: 16-70010 Document: 00514270669 Page: 1 Date Filed: 12/12/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-70010
Fifth Circuit
FILED
December 12, 2017
STEVEN LYNN LONG, Lyle W. Cayce
Clerk
Petitioner - Appellant
v.
LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent - Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:12-CV-839
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before CLEMENT, ELROD, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
This court denied Steven Long’s application for a certificate of
appealability in which he claimed that he is intellectually disabled and thus
could not be executed. Long v. Davis, 663 F. App’x 361 (5th Cir. 2017). The
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 16-70010 Document: 00514270669 Page: 2 Date Filed: 12/12/2017
No. 16-70010
Supreme Court granted certiorari, vacated that judgment, and remanded this
case to us for further consideration in light of Moore v. Texas, 137 S. Ct. 1039(2017). Long v. Davis, 138 S.Ct. 72 (2017). We conclude that a review of the
effect of the Moore decision on Long’s conviction and sentence should first be
addressed by the district court.
Accordingly, we VACATE the judgment of the district court and
REMAND this case to the district court for further proceedings in light of
Moore.
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