Green v. Texas

Appellant Jonathan Green was convicted of capital murder and sentenced to death. Shortly before the scheduled execution of the sentence on June 30, 2010, he applied for a writ of habeas corpus on the ground that he was incompetent to be executed. After the trial court held a hearing and found him competent, the Court of Criminal Appeals stayed his execution to review the trial court's determination. Having reviewed the three matters the appellant brought to the Court, it lifted the stay of execution. First, the Court held that Article 46.05 of the Code of Criminal Procedure provided an adequate remedy for claims of incompetence to be executed, which leads the Court to dismiss the appellant's application for a writ of habeas corpus. Second, the Court held that the district court applied the correct legal standard and was within its discretion to find the appellant competent; therefore, the Court affirmed the court in in that respect. Finally, the Court dismissed the appellant's appeal from the denial of his motion to recuse the trial judge because it was not properly before the Court. View "Green v. Texas" on Justia Law

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