Little, Leo Gordon

• Court: Court of Criminal Appeals of Texas
• Decided: August 31, 2005
• Docket: WR-51,911-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-51,911-02 EX PARTE LEO GORDON LITTLE

ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. 1998CR2162A-W1, 226^TH JUDICIAL DISTRICT COURT

BEXAR COUNTY

Per curiam. Hervey, J., not participating.

O R D E R

This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Article 11.071 § 5 of the Texas Code of Criminal Procedure.

On February 25, 1999, a jury convicted Applicant of capital murder. At punishment, the jury answered the special issues submitted pursuant to Article 37.071 of the Texas Code of Criminal Procedure, and the trial court set Applicant's punishment at death. This Court affirmed Applicant's conviction on direct appeal. Little v. State, No. 73,390 (Tex. Crim. App. May 23, 2001)(not designated for publication).

In his only allegation, Applicant asserts that his death sentence is unconstitutional because he was seventeen years old at the time he committed the capital murder in this case. On March 1, 2005, the United States Supreme Court held that the Eighth and Fourteenth Amendments to the United States Constitution prohibit the execution of offenders who were seventeen years old at the time they committed capital murder. Roper v. Simmons, 125 S.Ct. 1183 (2005). Applicant filed this subsequent application in the trial court on June 16, 2005. On June 22, 2005, Governor Rick Perry commuted the sentences of twenty-eight offenders then on death row to sentences of life in prison because the offenders had committed their crimes when they were seventeen. Applicant's sentence was one of those commuted. Because of this, Applicant's current claim is rendered moot. Accordingly, Applicant's application is dismissed.

IT IS SO ORDERED THIS THE 31^st DAY OF August, 2005.

Delivered:

Do Not Publish