EX PARTE MICHAEL WAYNE HALL (other)

ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS

AND MOTION FOR STAY OF EXECUTION FROM CAUSE NO. C-371-009250-0685479-B IN THE 371ST DISTRICT COURT

TARRANT COUNTY

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, and a motion for stay of execution.

On February 18, 2000, 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 punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Hall v. State, 67 S.W.3d 870 (Tex. Crim. App. 2002). However, the United States Supreme Court granted certiorari, vacated the opinion, and remanded the case to this Court for further consideration in light of Atkins v. Virginia, 536 U.S. 304 (2002). See Hall v. Texas, 537 U.S. 802 (2002). On remand, this Court again affirmed the conviction and sentence. See Hall v. State, 160 S.W.3d 24 (Tex. Crim. App. 2004).

Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court on January 17, 2002. Among other claims, applicant asserted in that application that he was mentally retarded and his execution would violate the United States Supreme Court's opinion in Atkins. This Court reviewed the record and denied applicant relief. Ex parte Hall, No. WR-53,668-01 (Tex. Crim. App. Feb. 26, 2003)(not designated for publication). Applicant's subsequent application was filed in the trial court on February 11, 2011.

Applicant presents a single allegation in his application in which he asserts that he he mentally retarded and his execution would violate the United States Supreme Court's opinion in Atkins. We have reviewed the application and find that it fails to satisfy the requirements of Article 11.071, 5. Accordingly, we dismiss the application and deny applicant's motion to stay his execution. We also decline to follow applicant's suggestion to sua sponte reconsider the mental retardation claim raised in his initial application.

IT IS SO ORDERED THIS THE 14th DAY OF FEBRUARY, 2011.

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