Richard, Michael

• Court: Court of Criminal Appeals of Texas
• Decided: March 21, 2007
• Docket: WR-47,911-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-47,911-02 EX PARTE MICHAEL WAYNE RICHARD ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. 456621 FROM THE

182^ND DISTRICT COURT OF HARRIS COUNTY

Per Curiam. Price, J., would file and set.

ORDER

This is a subsequent application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5. Applicant asserts that he is mentally retarded and may not be executed. We remanded his claim to the convicting court for resolution.

Applicant was convicted of capital murder on September 4, 1987. Because of error in that trial we reversed the conviction and remanded for a new trial. Richard v. State, 842 S.W.2d 279 (Tex. Crim. App. 1992). After remand, applicant was again convicted of capital murder and sentenced to be executed. We affirmed the conviction and sentence. Richard v. State, No. 72,193 (Tex. Crim. App. June 18, 1997). On April 3, 1998, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Richard, WR-47,911-01 (Tex. Crim. App. February 2, 2000).

The convicting court has returned the case to this Court with its findings of fact and conclusions of law and a recommendation to deny relief. We have reviewed the record of the proceedings on remand. The convicting court's findings of fact and conclusions of law are supported by the record and we adopt them as our own. We conclude that applicant has not shown he is mentally retarded and, therefore, relief is denied.

IT IS SO ORDERED THIS THE 21^ST DAY OF MARCH, 2007.

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