Coulter v. State

Jim Gunter, Justice.

This case arises from a motion filed by petitioner, Roger Lewis Coulter, on August 17, 2004, to recall the 1991 mandate in his direct appeal and to reopen his case. In his motion, petitioner argues that we should recafl the mandate because the Eighth Amendment to the U.S. Constitution prohibits executing the mentally retarded, as decided by the United States Supreme Court in Atkins v. Virginia, 536 U.S. 304 (2002), and asserts that an Atkins claim was unavailable to him at the time of his trial. Alternatively, petitioner requests that, if we do not recall the mandate, we…