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July 24, 2003 Do Not Publish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.