Bridgers, Allen

Court of Criminal Appeals of Texas

Bridgers, Allen

DecidedSeptember 12, 2007

DocketWR-45,179-02

StatusPublished

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-45,179-02 EX PARTE ALLEN BRIDGERS

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 114-81252-97 IN THE 114^TH DISTRICT COURT

SMITH COUNTY

Per Curiam.

O R D E R

This is an application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071.

In April 1998, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Code of Criminal Procedure article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed. Bridgers v. State, No. AP-73,112 (Tex. Crim. App. Oct. 25, 2000)(not designated for publication). Applicant's timely filed initial writ was denied by this Court on May 31, 2000. Ex parte Bridgers, no WR045,179-01 (Tex. Crim. App. May 31, 2000) (not designated for publication).

Applicant presented two allegations in his application. In his first claim, applicant asserted that his execution would violate the United States Supreme Court's opinion in Atkins v. Virginia, 536 U.S. 304 (2002), holding that the Eighth Amendment prohibits the execution of the mentally retarded. In his second claim, applicant asserted that due process would be violated if he were executed without a full and fair hearing on the claim of mental retardation and the tools necessary to establish that claim. By written order dated July 21, 2006, applicant's claims were remanded to the trial court for consideration and this Court instructed the trial court to hold a live hearing on the issue. Ex parte Bridgers, No. WR-45,179-02 (Tex. Crim. App. July 21, 2006) (not designated for publication).

On remand, the trial court conducted a live hearing, after which it entered findings of fact and conclusions of law recommending that relief be denied on applicant's claims. This Court has reviewed the record. 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 12^TH DAY OF SEPTEMBER, 2007.

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-45,179-02 EX PARTE ALLEN BRIDGERS

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 114-81252-97 IN THE 114^TH DISTRICT COURT

SMITH COUNTY

Per Curiam.

O R D E R

This is an application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071.

In April 1998, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Code of Criminal Procedure article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed. Bridgers v. State, No. AP-73,112 (Tex. Crim. App. Oct. 25, 2000)(not designated for publication). Applicant's timely filed initial writ was denied by this Court on May 31, 2000. Ex parte Bridgers, no WR045,179-01 (Tex. Crim. App. May 31, 2000) (not designated for publication).

Applicant presented two allegations in his application. In his first claim, applicant asserted that his execution would violate the United States Supreme Court's opinion in Atkins v. Virginia, 536 U.S. 304 (2002), holding that the Eighth Amendment prohibits the execution of the mentally retarded. In his second claim, applicant asserted that due process would be violated if he were executed without a full and fair hearing on the claim of mental retardation and the tools necessary to establish that claim. By written order dated July 21, 2006, applicant's claims were remanded to the trial court for consideration and this Court instructed the trial court to hold a live hearing on the issue. Ex parte Bridgers, No. WR-45,179-02 (Tex. Crim. App. July 21, 2006) (not designated for publication).

On remand, the trial court conducted a live hearing, after which it entered findings of fact and conclusions of law recommending that relief be denied on applicant's claims. This Court has reviewed the record. 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 12^TH DAY OF SEPTEMBER, 2007.

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