IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-68,348-03
EX PARTE JUAN LIZCANO, Applicant
ON APPLICATION FOR WRIT OF HABEAS CORPUS IN
CAUSE NO. W05-59563-S IN THE 282ND JUDICIAL DISTRICT COURT
DALLAS COUNTY
Per curiam. Y EARY, J., filed a dissenting opinion, in which K ELLER, P. J.,
joined.
OPINION
This is a subsequent application for a writ of habeas corpus in a capital case that
Applicant filed pursuant to Article 11.071, Section 5 of the Texas Code of Criminal
Procedure. Applicant alleged in this application that he is intellectually disabled and
ineligible for the death penalty under the United States Supreme Court’s holding in Atkins
v. Virginia, 536 U.S. 304 (2002). We denied relief on this application in 2015. Ex parte
Lizcano, No. WR-68,348-03 (Tex. Crim. App. April 15, 2015)(not designated for
publication).
LIZCANO--2
In 2017, the United States Supreme Court concluded that some of the standards in
our caselaw did not comport with the Eighth Amendment’s requirements regarding an
intellectual disability determination. Moore v. Texas, 137 S.Ct. 1039 (2017). On June 6,
2018, we exercised our authority to reconsider this case on our own initiative. We
remanded this case to the convicting court “to consider all of the evidence in light of the
Moore v. Texas opinion” and “make findings of fact and conclusions of law regarding the
issue of intellectual disability[.]”
After holding a hearing, the convicting court made findings of fact and conclusions
of law recommending that we grant relief on Applicant’s claim of intellectual disability.
Having reviewed the record in this case, we determine that the convicting court’s findings
and conclusions are supported by the record. Relief is granted on Applicant’s intellectual
disability claim. Accordingly, we reform Applicant’s sentence of death to a sentence of
life imprisonment without parole. All other relief is denied.
Delivered: September 16, 2020
Do not publish