Legal Opinion

Ex Parte Blue

Court of Criminal Appeals of Texas

Decided March 7, 2007No. AP-75,254PublishedCited by 116 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · PricePrice, J.

in which MEYERS, JOHNSON, KEASLER, HERYEY, HOLCOMB and COCHRAN, JJ., joined.

This is a subsequent application for writ of habeas corpus in a capital case, in which the applicant claims that he cannot be subjected to the death penalty, consistent with Atkins v. Virginia,1 because he is mentally retarded. Although the applicant filed his initial post-conviction application for writ of habeas corpus almost a year after the Supreme Court decided Atkins, the applicant failed to raise the issue of mental retardation in that initial writ application. He therefore makes no attempt to argue that…

3Cases cited47 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. Schlup v. DeloSupreme Court of the United States · 1995
  3. Murray v. CarrierSupreme Court of the United States · 1986
  4. Teague v. LaneSupreme Court of the United States · 1989
  5. Pennsylvania v. FinleySupreme Court of the United States · 1987

42 more not listed; retrieve them via the Exa API.

4Cited by116 opinions

  1. Perez, Ex Parte Alberto GironCourt of Criminal Appeals of Texas · 2013
  2. Smith, Al LetroyCourt of Criminal Appeals of Texas · 2014
  3. Williams v. ThalerCourt of Appeals for the Fifth Circuit · 2010
  4. Ex parte FournierCourt of Criminal Appeals of Texas · 2015
  5. Carl Blue v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2011

111 more not listed; retrieve them via the Exa API.

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