Mathis, Milton Wuzael

• Court: Court of Criminal Appeals of Texas
• Decided: April 19, 2005
• Docket: WR-50,772-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-50,772-03 EX PARTE MILTON WUZAEL MATHIS

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM CAUSE NO. 31,361-C IN THE 268^TH DISTRICT COURT

OF FORT BEND COUNTY

Per Curiam.

O R D E R

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

On September 7, 1999, 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 applicant's conviction and sentence on direct appeal. Mathis v. State, 67 S.W.3d 918 (Tex. Crim. App. 2002).

Applicant presents two allegations in his application. In his first claim, applicant asserts 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 asserts that his execution would violate his due process rights unless he is afforded a full and fair hearing on his claim of mental retardation with access to the tools necessary to establish his claim.

We have reviewed the application and find that the allegations satisfy the requirements of Article 11.071 § 5. Accordingly, we grant applicant's motion to stay his execution and remand the application to the trial court for consideration of applicant's claims.

IT IS SO ORDERED THIS THE 19^TH DAY OF APRIL, 2005.

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