No. WR-25,897-01
May 10, 2007. DO NOT PUBLISH.
On application for Writ of Habeas Corpus in Cause No. 1986-CR1042 from the 227th District Court of Bexar County.
KELLER, P.J., and MEYERS and KEASLER, JJ., dissented. HERVEY, J., not participating.
PER CURIAM.
ORDER
In September of 2000, applicant's initial application for writ of habeas corpus in this cause came to be heard by this Court. In his claim number 10, applicant alleged that the trial court erred in failing to submit a jury charge at the punishment phase of his capital murder trial that was adequate to give mitigating effect to the evidence he had submitted. We denied relief on the merits of this claim in Ex parte Moreno, No. WR-25,897-01 (Tex.Crim.App., Sept. 13, 2000). Just fifteen days ago, the United States Supreme Court delivered opinions in Abdul-Karim v. Quarterman, 550 U.S. ___ (No. 05-11284, April 25, 2007), and Brewer v. Quarterman, 550 U.S. ___ (No. 05-11287, April 25, 2007). In these cases the Supreme Court stated that our holdings in claims similar to applicant's claim number 10 were wrongly decided, even "objectively unreasonable." Because applicant presented this claim in his initial writ application, but this Court rejected it based upon Johnson v. Texas, 509 U.S. 350 (1993), we have decided to exercise our authority, under Rule 79.2(d) of the Texas Rules of Appellate Procedure, to reconsider applicant's claim number 10 on our own initiative. This requires that applicant's execution, currently scheduled for today, May 10, 2007, be, and it is therefore, stayed. IT IS SO ORDERED THIS THE 10th DAY OF MAY, 2007.