EX PARTE HEARN

No. AP-76,237.

310 S.W.3d 424 (2010)

Ex parte Yokamon Laneal HEARN, Applicant.

Court of Criminal Appeals of Texas.

April 28, 2010.


Attorney(s) appearing for the Case

Richard Burr, Houston & Naomi Terr, Houston, for Appellant.

Craig Watson, D.A., Dallas, Jeffrey L. VanHorn, State's Attorney, Austin, for State.


OPINION

JOHNSON, J., delivered the opinion for a unanimous Court.

Applicant, Yokamon Laneal Hearn, was convicted of capital murder and sentenced to death. In this subsequent application for habeas corpus, applicant asserts that he is mentally retarded and, pursuant to the United States Supreme Court holding in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), constitutionally exempt from...

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