McCoskey, Jamie Bruce

• Court: Court of Criminal Appeals of Texas
• Decided: June 6, 2007
• Docket: WR-56,820-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-56,820-01 EX PARTE JAMIE BRUCE McCOSKEY ⁽¹⁾

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 615,396-B IN THE 185^TH DISTRICT COURT

HARRIS 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 November 1992, 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. McCoskey v. State, No. 71,629 (Tex. Crim. App. May 22, 1996) (not designated for publication). Applicant's initial application was filed in the trial court on May 17, 1997. That application is still pending. Applicant filed this, his first subsequent application, in the trial court on June 17, 2003.

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 the death sentence violated his Sixth Amendment rights because the question of mental retardation was not decided by the jury. By written order dated September 10, 2003, applicant's second claim was dismissed and his first claim was remanded to the trial court for consideration.

On remand, the trial court received evidence from the parties, after which it entered findings of fact and conclusions of law recommending that relief be denied on applicant's claim. 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 6^TH DAY OF JUNE, 2007.

Do Not Publish

1. The record of applicant's direct appeal and previous documents submitted to this Court indicate that applicant's name is "Jamie Bruce McCoskey." Documents filed in applicant's habeas case alternatively refer to applicant as "Jamie Bruce McCoskey" and as "Jaime Bruce McCoskey." For consistency, applicant will be referred to as "Jamie Bruce McCoskey."