Legal Opinion
Ex Parte Briseno
Court of Criminal Appeals of Texas
Decided February 11, 2004No. 29819-03PublishedCited by 284 opinions
1Opinion of the Court
*3 ORDER
COCHRAN, J.,
delivered the Order of the Court,
joined by KELLER, P.J., MEYERS, PRICE, WOMACK, JOHNSON, KEASLER, and HERVEY, JJ.
Applicant was convicted of capital murder and sentenced to death for the 1991 robbery-murder of Dimmitt County Sheriff Ben Murray. After the Supreme Court’s decision in Atkins v. Virginia,1 applicant filed a subsequent writ of habeas corpus application alleging that he was mentally retarded and therefore exempt from execution. Based upon applicant’s prima fa-cie showing, we remanded his writ application to the convicting court for further proceedings. The trial…
2Cases cited34 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Ring v. ArizonaSupreme Court of the United States · 2002
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Ford v. WainwrightSupreme Court of the United States · 1986
29 more not listed; retrieve them via the Exa API.
3Cited by284 opinions
- Gallo v. StateCourt of Criminal Appeals of Texas · 2007
- Escamilla v. StateCourt of Criminal Appeals of Texas · 2004
- Commonwealth v. SanchezSupreme Court of Pennsylvania · 2011
- Moore v. TexasSupreme Court of the United States · 2017
- State v. MaestasUtah Supreme Court · 2012
279 more not listed; retrieve them via the Exa API.