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Court of Criminal Appeals of Texas


Ex Parte Van Alstyne, 75,795

In habeas proceedings in a death penalty case raising an Atkins mental retardation claim, a convicting court's conclusion finding in applicant's favor and reforming the sentence to life imprisonment is affirmed as applicant showed, by a preponderance of the evidence, that he falls within the range of mentally retarded offenders about whom there is a national consensus that they should not be executed.

Appellate Information

  • Decided 11/14/2007
  • Published 11/14/2007

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  • Court of Criminal Appeals of Texas

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