Bradford, Gayland

• Court: Court of Criminal Appeals of Texas
• Decided: September 15, 2004
• Docket: WR-44,526-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 44,526-02 EX PARTE GAYLAND BRADFORD

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM DALLAS COUNTY

Per Curiam.

O R D E R

This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.071 of the Texas Code of Criminal Procedure.

In May of 1995, a jury found applicant guilty of the offense of capital murder. The jury then answered the special issues submitted pursuant to Article 37.071 of the Texas Code of Criminal Procedure and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Bradford v. State, No. 72,163 (Tex. Crim. App. Feb. 17, 1999)(not designated for publication).

Applicant presented a single allegation in his subsequent application in which he challenged the validity of his conviction and resulting sentence. Specifically, he asserted that he is mentally retarded and, therefore, his execution is constitutionally prohibited by Atkins v. Virginia, 536 U.S. 304 (2002). By written order of March 12, 2003, this Court determined that applicant's claim satisfied the requirements of Article 11.071, § 5, and remanded the cause to the trial court for consideration of that issue. On remand, the trial judge entered findings of fact and conclusions of law, and recommended relief be denied.

This Court has reviewed the record with respect to the allegation made by applicant. We adopt the trial judge's findings and conclusions. Based upon the trial court's findings and conclusions and our own review, the relief sought is denied.

IT IS SO ORDERED THIS THE 15^TH DAY OF SEPTEMBER, 2004.

Do Not Publish