Druery v. Texas (Original)
Annotate this CaseAppellant was convicted of capital murder and sentenced to death in 2003. Shortly before his scheduled execution in 2012, he filed a motion to determine competency to be executed under Article 46.05. The trial court held an informal hearing, found that Appellant had not made a "substantial showing" of incompetency, and denied the motion. As a result of denying Appellant's motion, there was no formal hearing on the merits to determine if Appellant was incompetent to be executed. Appellant moved to send the record to the Supreme Court, and the trial court granted that motion. After reviewing the record, the Supreme Court determined that further review was needed and stayed the execution. Upon further review, the Court found Appellant made a substantial showing of incompetency to be executed, and so he was entitled to further proceedings, including the appointment of "at least two mental health experts" and a determination regarding competency.
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