[Download] "Ex parte Alstyne, No. AP-75" by Wisconsin Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Ex parte Alstyne, No. AP-75
- Author : Wisconsin Court of Appeals
- Release Date : January 14, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This is a subsequent application for writ of habeas corpus in a capital case, in which the applicant claims that he cannot be subjected to the death penalty, consistent with Atkins v. Virginia, because he is mentally retarded. This Court found that the application satisfied the requirements for a subsequent writ under Article 11.071, Section 5, and remanded the cause to the convicting court for further proceedings. The convicting court held an evidentiary hearing in late August of 2005, after which it made recommended findings of fact and conclusions of law, recommending that the applicants sentence be reduced to life imprisonment because he is mentally retarded and therefore cannot be executed consonant with the Eighth Amendments ban on cruel and unusual punishment. After our own independent review of the record, we will follow that recommendation.
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