Court of Criminal Appeals of Texas
Ex Parte Jose Garcia Briseno, Applicant
February 11, 20042004 Tex. Crim. App. LEXIS 199
Summary
The Court affirmed the denial of the applicant's habeas corpus relief, holding that he is not mentally retarded under Atkins and that the trial judge—not a jury—may determine the factual merit of an Atkins claim in a post‑conviction proceeding. The Court also affirmed that the burden of proof rests on the applicant and that the trial court's findings are supported by the record.