Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:In his subsequent application for a writ of habeas corpus, the applicant claimed that he is mentally retarded. This court determined that applicant had met the requirements of Code of Criminal Procedure Art. 11.071 5 and remanded to the trial court for findings of fact and conclusions of law. The trial court held an evidentiary hearing and found that applicant is mentally retarded. HOLDING:The court reforms the applicant’s sentence to life imprisonment. The record supports the trial court’s findings, the court concludes. OPINION:Per curiam. CONCURRENCE AND DISSENT:Keller, P.J.; Meyers, Keasler and Hervey, JJ.”Amicus curiae suggests that a permanent stay of execution � not reformation to a life sentence � is the appropriate remedy for a mentally retarded death-sentenced defendant. . . .” “[B]efore deciding whether to reform applicant’s sentence to life, I would first give full consideration to the alternative remedy suggested by amicus curiae. To the Court’s decision to reform applicant’s sentence to life imprisonment without such a full consideration, I respectfully dissent.”

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.