Riley, Michael Lynn

• Court: Court of Criminal Appeals of Texas
• Decided: September 12, 2007
• Docket: WR-39,238-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-39,238-02 EX PARTE MICHAEL LYNN RILEY ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. 12,101(B) FROM THE

402^ND DISTRICT COURT OF WOOD COUNTY

Per Curiam.

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 he is mentally retarded and cannot be executed.

Applicant's first conviction for capital murder was reversed by this Court. Riley v. State, 889 S.W.2d 290 (Tex. Crim. App. 1993). After remand for a new trial a death sentence was again imposed by the trial court on September 6, 1995. We affirmed the conviction and sentence. Riley v. State, AP-72,229 (Tex. Crim. App. May 28, 1997). On April 1, 1998, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Riley, WR-39,238-01 (Tex. Crim. App. December 16, 1998).

In this subsequent application, he alleged he is mentally retarded under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242 (2002), and may not be executed. We found his claim met the requirements of Texas Code of Criminal Procedure, Article 11.071, Section 5 for consideration of the claim and remanded the issue to the convicting court for resolution. The convicting court conducted a hearing, made findings of fact and conclusions of law, and has recommended that relief be denied.

We have reviewed the record and conclude that the findings of the convicting court are supported by the record and we adopt them as our own. Applicant has failed to show that he is mentally retarded and the relief sought by this application is denied. The previous order staying execution is dissolved.

IT IS SO ORDERED THIS THE 12^TH DAY OF SEPTEMBER, 2007.

Do Not Publish