Home -> Law Blog Directory -> Criminal Law Blogs -> Capital Defense Weekly

Criminal Law

: Capital Defense Weekly

Texas Stay for Eric Cathey

By Karl R. Keys, Esq.

The execution of Eric Cathey was stayed by the Texas Court of Criminal Appeals.  The Chronicle notes: The court remanded Cathey’s appeal to a lower court for a hearing on his claim that he is mentally retarded. Cathey, 37, would have been the 18th killer executed in Texas this year.. . . In his petition to the appeals court, Cathey argued that executing a mentally retarded inmate would violate the Eighth Amendment ban on cruel and unusual punishment. Secondly, he argued that his right to due process would be violated unless a hearing was held to weigh his claim of being mentally retarded.

Full post as published by Capital Defense Weekly on November 18, 2008 (boomark / email).