David Leonard Wood 2011
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David Leonard Wood sits in court during a hearing in 2011 with visiting Judge Bert Richardson is to determine whether Wood is mentally retarded and should therefore be spared the death penalty. Wood will remain on death row if the Robertson agrees with the state's proposed order filed in the 171st District Court.
Convicted serial killer David Leonard Wood will remain on death row if the judge presiding over his post-conviction hearing agrees with the state's proposed order filed in the 171st District Court.
The "State's Proposed Findings of Fact and Conclusions of Law, " a court document filed Jan. 4, enumerates 290 facts or reasons why Wood should not be exempted from execution based on his allegation that he is mentally retarded.
In 2009, Wood appealed his death penalty sentence. He wants his sentence lowered to life in prison.
A hearing on the matter was conducted in 2012 in El Paso.
"The applicant fails to show that he is mentally retarded and, thus, that his sentence was unlawfully imposed. Accordingly, it is recommended to the Texas Criminal Court of Appeals that relief be denied, " according to the proposed order prepared by the Texas Attorney General's office.
The facts against Wood's appeal included in the 65-page document stem from his lifelong criminal record, court documents and his post-conviction hearing in El Paso.
"Having considered the testimony elicited during the live evidentiary hearing, all motions and exhibits filed by the parties, official court documents and all state court records, and the court's personal experience and knowledge, " the proposed order states, therefore "the court concludes that the applicant is not entitled to the relief he requests."
According to a letter by E. Erich Dryden, the Texas assistant attorney general who represents the state in the appeal, all the parties to the case received copies of the proposed order. Visiting District Judge Bert Richardson, who is presiding over the 171st District Court in the case, may either sign the proposed order in its present form or sign it with modifications.
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