Butler, Steven Anthony

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-41,121-02

EX PARTE STEVEN ANTHONY BUTLER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NO. 511112 FROM THE

185TH DISTRICT COURT OF HARRIS COUNTY

Price, J., filed a dissenting statement in which Johnson, J., joined.

DISSENTING STATEMENT

On June 27, 2007, we denied post-conviction habeas corpus relief to this applicant, (1) rejecting his Atkins claim that he cannot be executed consonant with the Eighth Amendment because he is mentally retarded. (2) Without explicitly adopting the recommended findings of fact and conclusions of law of the…