Wood, David Leonard

• Court: Court of Criminal Appeals of Texas
• Decided: August 19, 2009
• Docket: WR-45,746-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-45,746-02 EX PARTE DAVID LEONARD WOOD

ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS

AND MOTION FOR STAY OF EXECUTION FROM CAUSE NO. 58486-171-2

IN THE 171^ST DISTRICT COURT

EL PASO COUNTY

Per Curiam. Keller, P.J., and Meyers and Keasler, JJ., would dismiss.

O R D E R

This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5, and a motion for stay of execution.

In November 1992, a jury found applicant guilty of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Wood v. State, No. AP-71,594 (Tex. Crim. App. Dec. 13, 1995)(not designated for publication). Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court on December 19, 1997. This Court denied applicant relief. Ex parte Wood, No. WR-45,746-01 (Tex Crim. App. Sept. 19, 2001)(not designated for publication). Applicant's subsequent application was filed in the trial court on August 18, 2009.

Applicant presents two allegations in his application. In his first allegation, applicant asserts that he is mentally retarded and his execution would violate the United States Supreme Court's opinion in Atkins v. Virginia, 536 U.S. 304 (2002). In his second allegation, applicant asserts that due process requires that he be given tools and a hearing to more fully establish his mental retardation claim.

We have reviewed the application and find that it satisfies the requirements of Article 11.071, § 5. Accordingly, we grant applicant's motion to stay his execution and remand the application to the trial court for a live hearing.

IT IS SO ORDERED THIS THE 19^TH DAY OF AUGUST, 2009.

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