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Ex Parte Lewis

Court of Criminal Appeals of Texas
Jul 24, 2003
No. 44,725-02 (Tex. Crim. App. Jul. 24, 2003)

Opinion

No. 44,725-02

July 24, 2003 Do Not Publish

Habeas Corpus Application From Smith County


ORDER


This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Art. 11.071, Sec. 5, V.A.C.C.P. On April 29, 1994, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted under Art. 37.071, V.A.C.C.P., and the trial court set punishment at death. On direct appeal, this Court reversed the assessed punishment and remanded for a new sentencing hearing. Lewis v. State, No. 71,887 (Tex.Cr.App. delivered June 19, 1996). On remand, the jury answered the punishment phase special issues and the trial court once again assessed punishment at death. This Court affirmed the sentence on appeal. Lewis v. State, No. 71,887 (Tex.Cr.App. Delivered June 23, 1999). Applicant's initial application for a writ of habeas corpus was denied by this Court. Ex parte Lewis, No. 44,725-01 (Tex.Cr.App. delivered April 19, 2000). The trial court has scheduled applicant's execution to take place on August 7, 2003. Applicant has now filed a second application for writ of habeas corpus pursuant to Art. 11.071, Sec. 5, requesting a stay of execution and alleging mental retardation. We have reviewed the application and find it satisfies the requirements of Sec. 5. Accordingly, this order serves as notice to the convicting court the requirements of Sec. 5 have been met and the convicting court should proceed to consider the merits of applicant's claim. Sec. 6(b). Finally, applicant is granted a stay of execution pending further orders by this Court.


Summaries of

Ex Parte Lewis

Court of Criminal Appeals of Texas
Jul 24, 2003
No. 44,725-02 (Tex. Crim. App. Jul. 24, 2003)
Case details for

Ex Parte Lewis

Case Details

Full title:EX PARTE RICKEY LYNN LEWIS

Court:Court of Criminal Appeals of Texas

Date published: Jul 24, 2003

Citations

No. 44,725-02 (Tex. Crim. App. Jul. 24, 2003)