Villegas, Jose Luis ( 2014 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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  NO. WR-62,023-02

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EX PARTE JOSE LUIS VILLEGAS

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ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS

AND MOTION TO STAY THE EXECUTION

FROM CAUSE NO. 01-CR-0196-G

IN THE 319^TH JUDICIAL DISTRICT COURT

NUECES COUNTY

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           Per Curiam. Keller, P.J., filed a concurring opinion joined by Keasler, Hervey, and Cochran, JJ. Price, Johnson, and Alcala, JJ., dissented.

O R D E R

           This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5.

           In May 2002, a jury found applicant guilty of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set applicant’s punishment at death. This Court affirmed applicant’s conviction and sentence on direct appeal. Villegas v. State, No. AP-74,361 (Tex. Crim. App. Feb. 18, 2004)(not designated for publication). Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court on April 23, 2004. This Court denied applicant relief. Ex parte Villegas, No. WR-62,023-01 (Tex. Crim. App. Sept. 14, 2005)(not designated for publication). Applicant’s subsequent application was filed in the trial court on April 8, 2014.

           Applicant presents a single allegation in his application. Specifically, he asserts that his execution would violate the United States Supreme Court’s opinion in Atkins v. Virginia, 536 U.S. 304 (2002), holding that the Eighth Amendment prohibits the execution of the mentally retarded.

           We have reviewed the application and find that applicant has failed to satisfy his threshold burden on his claim of mental retardation. See Ex parte Blue, 230 S.W.3d 151, 153 (Tex. Crim. App. 2007). Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claim, and we deny his motion to stay his execution.

           IT IS SO ORDERED THIS THE 14^th DAY OF APRIL, 2014.

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