Ex Parte Van Alstyne

OPINION

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. This Court found that the application satisfied the requirements for a subsequent writ under Article 11.071, Section 5, and remanded the cause to the convicting court for further proceedings. *817The convicting court held an evidentiary hearing in late August of 2005, after which it made recommended findings of fact and conclusions of law, recommending that the…