Opinion
WR-45,746-02
11-26-2014
EX PARTE DAVID LEONARD WOOD
ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. 58486-171-2 IN THE 171ST JUDICIAL DISTRICT COURT EL PASO COUNTY Per curiam. ORDER
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.
In November 1992, Applicant was convicted 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 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). This Court denied relief on Applicant's initial post-conviction application for writ of habeas corpus. Ex parte Wood, No. WR-45,746-01 (Tex. Crim. App. Sept. 19, 2001)(not designated for publication).
Applicant presents two allegations in his application. First, he 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). Second, he asserts that due process requires that he be given tools and a hearing to more fully establish his mental retardation claim. These claims, which satisfy the requirements of Article 11.071, § 5, were remanded to the trial court for consideration of those issues. The trial court held a hearing and made findings of fact and conclusions of law recommending that this application be denied because Applicant has failed to show that he is mentally retarded.
This Court has reviewed the record with respect to Applicant's allegations. Based upon the trial court's findings and conclusions and our own review, we deny relief.
IT IS SO ORDERED THIS THE 26TH DAY OF November , 2014. Do Not Publish