Mathis, Milton Wuzael

• Court: Court of Criminal Appeals of Texas
• Decided: September 20, 2006
• 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 IN CAUSE

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

FORT BEND 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.

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 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 his execution would violate his due process rights unless he was afforded a full and fair hearing on his claim of mental retardation with access to the tools necessary to establish his claim. By written order dated April 19, 2005, this cause was remanded to the trial court for consideration of applicant's claims.

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 20^TH DAY OF SEPTEMBER, 2006.

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