"x x x.
Texas courts had previously stayed an execution of a mentally ill defendant. In July the Texas Court of Criminal Appeals [court website] ordered [JURIST report] a stay of execution [order, PDF] for convicted killer Marcus Druery who had been scheduled for execution on August 1. He had been diagnosed as schizophrenic by both prison and private doctors. In 2009, the Supreme Court ruled[JURIST report] in the case of Bobby v. Bies [Cornell LII backgrounder] that a post-conviction hearing to determine the mental competency of a capital defendant convicted before the Court's 2002 ruling inAtkins does not violate the Double Jeopardy [Cornell LII backgrounder] clause. Despite the ruling inAtkins, in 29 states, including Texas, Tennessee and New Jersey [JURIST reports], the defendant still carries the burden of proving mental retardation in death-penalty [JURIST news archive] cases to receive a lesser sentence.
x x x."