Court of Criminal Appeals of Texas

Death row inmate's mental retardation claim was properly rejected. Mental retardation is comparable to an affirmative defense, thus the burden is always on the defendant to prove that condition by a preponderance of the evidence.

Appellate Information

• Decided 05/05/2004
• Published 05/05/2004

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Danny D. Burns, Fort Worth, for Appellant., Helena F. Faulkner, Asst. DA, Fort Worth, Matthew Paul, State's Atty., Austin, for State.