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Ex Parte Rodney Charles Rachal

In this subsequent application for habeas corpus, the applicant alleged that he is entitled to relief from his death sentence because he presented significant mitigating evidence related to his moral culpability and the appropriateness of a death sentence that could not have been given full effect by the sentencing jury. The habeas court concluded that the former statutory special issues did not provide applicant's jury with an adequate mechanism for exercising its reasoned moral judgment concerning whether applicant's mitigating evidence of low intelligence, head injury and troubled childhood warranted the imposition of a life sentence rather than the penalty of death. The sentence is vacated and remanded to the trial court. Court of Criminal Appeals, No. AP-76,720, 02-01-2012.

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OPINION

In October 1992, a jury convicted applicant of the offense of capital murder. 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. Rachal v. State, 917 S.W.2d 799 (Tex. Crim. App. 1996). In December 1997, applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Rachal, No. WR-60.394-01 (Tex. Crim. App. March 23, 2005) (not designated for publication).

In February 2009, applicant filed this subsequent application with the trial court. In a single allegation, applicant alleged that he is entitled to relief from his death sentence because he presented significant mitigating evidence related to his moral culpability and the appropriateness of a death sentence which could not have been given full effect by the sentencing jury. See Penry v. Johnson, 532 U.S. 782 (2001). In an order dated September 23, 2009, this Court remanded the application to the habeas court for consideration of the merits of applicant’s claim. Ex parte Rachal, No. WR.-60,394-02 (Tex. Crim. App. Sept. 23, 2005) (not designated for publication). The habeas court held a hearing on February 18, 2011, and subsequently entered findings of fact and conclusions of law.

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