IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 97-F-462-102 IN THE 102ND DISTRICT COURT FROM BOWIE COUNTY
O R D E R
This is a subsequent application for habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5. Applicant asserts he is mentally retarded and cannot be executed under Atkins v. Virginia, 536 U.S. 304, 122 S. Ct. 2241 (2002).
Applicant was convicted of capital murder in 1998. We affirmed the conviction and sentence. Murphy v. State, AP No. 73,194 (Tex. Crim. App. May 24, 2000). On October 2000, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. This Court denied relief. Ex parte Murphy, No. WR-38,198-02 (Tex. Crim. App. April 10, 2002). In an order dated January 18, 2006, this Court remanded this subsequent application to resolve the issue as set out in Article 11.071, Sections 7 through 10.
The incomplete habeas record has been forwarded to this Court prematurely. We remand this application to the 102ND District Court of Bowie County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law.
This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 60 days of this order. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be forwarded to this Court within 75 days of the date of this order. Any extensions of time shall be obtained from this Court.
IT IS SO ORDERED THIS THE 27TH DAY OF MARCH, 2013.
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