Court of Criminal Appeals of Texas
Ronnie Joe Neal, Appellant v. the State of Texas
June 18, 20082008 Tex. Crim. App. LEXIS 754
Summary
The Court of Criminal Appeals affirmed Ronnie Joe Neal's capital-murder conviction and death sentence, holding that Texas's judicially created guidelines for adjudicating Atkins mental-retardation claims remain valid absent implementing legislation because the Supreme Court left enforcement of Atkins to 'the States' rather than exclusively to legislatures. The court further held that the jury's finding that Neal is not mentally retarded was supported by the evidence, that the evidence of his abduction, robbery, rape, and murder of Diane Tilly was factually sufficient and his accomplice's testimony amply corroborated, and that the jury instructions, the detention and warrantless searches, and the admission of informant and motel-room evidence were either proper or harmless. Neal lacked standing to challenge his accomplice's confession, and his complaints about expert qualification and voir dire were forfeited. Justice Meyers concurred separately, agreeing that Neal is not mentally retarded but maintaining that a separate jury should decide mental retardation before trial when a defendant makes a prima facie showing; Justices Price and Johnson concurred in the Court's opinion, and Justice Cochran concurred in points of error 18, 24, and 25 and otherwise joined the Court.