Court of Criminal Appeals of Texas

A subsequent application for writ of habeas corpus in a capital case raising an Atkins claim is dismissed as an abuse of the writ where: 1) whether applicant could proceed with his subsequent writ application depended upon whether he could satisfy the criteria of Code of Criminal Procedure Article 11.071, section 5(a)(3); 2) an adequate threshold showing of mental retardation would meet the criteria of that statutory provision; but 3) applicant failed to show by clear and convincing evidence that no rational factfinder would fail to find he is mentally retarded.

Appellate Information

• Decided 03/07/2007
• Published 03/07/2007

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Court

• Court of Criminal Appeals of Texas

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