Legal Opinion
In re Allen
Court of Criminal Appeals of Texas
Decided May 13, 2015No. NOS. WR-82,265-01 & WR-82,265-02PublishedCited by 66 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KeaslerKeasler, J.
in which Meyers, Hervey, Richardson, and Yeary, JJ., joined.
In two capital-murder cases, Tyrone Allen sought a pretrial hearing requesting the trial judge determine whether he was intellectually disabled and therefore exempt from the death penalty if convicted. Over the State’s objection, the judge granted the motions for a pretrial hearing. The court of appeals granted the State .mandamus relief, finding that the judge acted outside his authority. The uncertainty surrounding intellectual-disability determinations prevents labeling the judge’s actions a violation of a ministerial duty.…
3Cases cited16 opinions
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Lancon v. StateCourt of Criminal Appeals of Texas · 2008
- State ex rel. Young v. Sixth Judicial District Court of Appeals at TexarkanaCourt of Criminal Appeals of Texas · 2007
- Kirsch, Scott AlanCourt of Criminal Appeals of Texas · 2012
- Hall v. FloridaSupreme Court of the United States · 2014
11 more not listed; retrieve them via the Exa API.
4Cited by66 opinions
- Harris, RoderickCourt of Criminal Appeals of Texas · 2016
- Medina, Hector RolandoCourt of Criminal Appeals of Texas · 2015
- Mau v. Third Court of Appeals (In Re State)Court of Criminal Appeals of Texas · 2018
- In re Collin CountyCourt of Appeals of Texas · 2017
- In re PerkinsCourt of Appeals of Texas · 2016
61 more not listed; retrieve them via the Exa API.