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SIMON v. LEVARIO

No. AP-76,183.

306 S.W.3d 318 (2009)

In re Morris Wayne SIMON, Relator, v. Lena LEVARIO, 204th Judicial District Court of Dallas County, Respondent.

Court of Criminal Appeals of Texas.

November 18, 2009.

Attorney(s) appearing for the Case

Catherine Clare Bernhard, Red Oak, TX, for Appellant.

Michael R. Casillas, Asst. Crim. Dist. Atty., Dallas, TX, Jeffrey L. VanHorn, State's Attorney, Austin, TX, for State.

OPINION

PRICE, J., delivered the opinion of the Court in which MEYERS, WOMACK, JOHNSON, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

The relator was indicted in Dallas County for the offense of capital murder. The State elected not to seek the death penalty. During pretrial proceedings, the relator "indicated that [he] seeks to present the testimony of a mental health expert in regards to [his] mental state and the voluntariness

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