Opinion
NO. WR-76,324-02
06-27-2018
EX PARTE STEVEN LYNN LONG, Applicant
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS IN CAUSE NO. W05-52918-R(B) IN THE 265 JUDICIAL DISTRICT COURT DALLAS COUNTY Per curiam. ORDER
We have before us a post-conviction application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5.
In October 2006, a jury convicted applicant of the May 2005 offense of capital murder for murdering a person in the course of committing or attempting to commit aggravated sexual assault. TEX. PENAL CODE § 19.03(a)(2). The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Long v. State, No. AP-75,539 (Tex. Crim. App. Apr. 8, 2009)(not designated for publication). On May 29, 2008, applicant filed in the trial court his initial post-conviction application for a writ of habeas corpus in which he raised three claims, including a claim that he is intellectually disabled and ineligible for execution. This Court denied applicant relief on the claims raised in his initial writ application. Ex parte Long, No. WR-76,324-01 (Tex. Crim. App. Mar. 7, 2012)(not designated for publication).
On August 3, 2017, applicant filed in the convicting court his first subsequent application. In this application, applicant re-asserts that he is intellectually disabled and, therefore, not subject to execution. On March 28, 2017, the United States Supreme Court issued its decision in Moore v. Texas, 137 S. Ct. 1039, 1044 (2017). In light of the Moore decision and the facts presented in applicant's application, we found that applicant's execution should be stayed. See Ex parte Long, No. WR-76,324-02 (Tex. Crim. App. Aug. 21, 2017)(not designated for publication). We now find that applicant has satisfied the requirements of Article 11.071 § 5, and we remand his application to the convicting court for a live hearing to further develop evidence and make a new recommendation to this Court on the issue of intellectual disability.
IT IS SO ORDERED THIS THE 27 DAY OF JUNE, 2018. Do not publish