Rivers, Warren Darrell

Court of Criminal Appeals of Texas

Rivers, Warren Darrell

DecidedSeptember 12, 2007

DocketWR-53,608-02

StatusPublished

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-53,608-02 EX PARTE WARREN DARRELL RIVERS

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 475122-B IN THE 228^TH JUDICIAL 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 December 1988, 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. Rivers v. State, No. AP-70,776 (Tex. Crim. App. Apr. 14, 1993)(not designated for publication). On November 27, 2002, this Court denied applicant relief in his initial habeas application. Ex parte Rivers, No. WR-53,608-01 (Tex. Crim. App. Nov. 27, 2002)(not designated for publication).

This Court received applicant's first subsequent application in June 2003. In the application, applicant raised a single claim asserting that his execution would violate the United States Supreme Court's opinion in Atkins v. Virginia, 536 U.S. 304 (2002), because he is mentally retarded. By written order dated July 2, 2003, applicant's claim was remanded to the trial court for consideration. Ex parte Rivers, No. WR-53,608-02 (Tex. Crim. App. July 2, 2003)(not designated for publication).

On remand, the trial court did not conduct a live hearing, but received affidavits and other evidence. After considering the entire record of the case, the court 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, except for finding number 27. See Ex parte Lewis, S.W.3d , No. WR-38,355-03 (Tex. Crim. App. Dec. 6, 2006)(Cochran, J., concurring statement). Based upon the trial court's findings and conclusions and our own review, the relief sought is denied.

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

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-53,608-02 EX PARTE WARREN DARRELL RIVERS

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE

NO. 475122-B IN THE 228^TH JUDICIAL 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 December 1988, 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. Rivers v. State, No. AP-70,776 (Tex. Crim. App. Apr. 14, 1993)(not designated for publication). On November 27, 2002, this Court denied applicant relief in his initial habeas application. Ex parte Rivers, No. WR-53,608-01 (Tex. Crim. App. Nov. 27, 2002)(not designated for publication).

This Court received applicant's first subsequent application in June 2003. In the application, applicant raised a single claim asserting that his execution would violate the United States Supreme Court's opinion in Atkins v. Virginia, 536 U.S. 304 (2002), because he is mentally retarded. By written order dated July 2, 2003, applicant's claim was remanded to the trial court for consideration. Ex parte Rivers, No. WR-53,608-02 (Tex. Crim. App. July 2, 2003)(not designated for publication).

On remand, the trial court did not conduct a live hearing, but received affidavits and other evidence. After considering the entire record of the case, the court 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, except for finding number 27. See Ex parte Lewis, S.W.3d , No. WR-38,355-03 (Tex. Crim. App. Dec. 6, 2006)(Cochran, J., concurring statement). Based upon the trial court's findings and conclusions and our own review, the relief sought is denied.

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

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