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Virgilio R. Maldonado - Texas
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Thread: Virgilio R. Maldonado - Texas

  1. #1
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    Virgilio R. Maldonado - Texas




    Summary of Offense:

    On November 12, 1995, in Houston, Maldonado and Benito Chanocva went to Cruz Saucedo's apartment to rob him of marijuana and a handgun. Saucedo was shot three times in the back of the head as he lay on his kitchen floor.

    Maldonado was sentenced to death on December 18, 1997.

  2. #2
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    On August 10, 2010, the Fifth Circuit remanded Maldonado's case for further hearings concerning his retardation claim under Atkins.

    Opinion is here:

    http://www.ca5.uscourts.gov/opinions...0003.0.wpd.pdf

  3. #3
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    August 11, 2010

    HOUSTON — A Mexican national on Texas death row has won a federal appeals court decision that allows him to try to show he's mentally impaired and can't be executed for a killing during a 1995 robbery in Houston.

    The 5th U.S. Circuit Court of Appeals ruled Wednesday in the case of 44-year-old Virgilio Maldonado.

    Madonado, from the western Mexican state of Michoacan, already had a record, including a bank robbery and another slaying, when he was condemned for the shooting death of Cruz Saucedo. Prosecutors said Saucedo was killed for marijuana, money and a gun.

    The mental impairment issue previously was rejected by a state court. The federal appeals court now will hold its own hearing. The U.S. Supreme Court has ruled mentally impaired people can't be put to death.

    http://www.chron.com/disp/story.mpl/ap/tx/7150426.html

  4. #4
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    Maldonado has been found NOT retarded and his Certificate of Appealability was denied in today's Fifth Circuit orders/opinions.

    Opinion is here:

    http://www.ca5.uscourts.gov/opinions...03-CV0.wpd.pdf

  5. #5
    Senior Member CnCP Legend JLR's Avatar
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    Mr Maldonado was one of the people evaluated by Dr George Denkowski for mental retardation.

    http://www.texastribune.org/texas-de...penalty-cases/

  6. #6
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    In today's Supreme Court orders, Maldonado's application (10A898) to extend the time to file a petition for a writ of certiorari was DENIED.

  7. #7
    Administrator Heidi's Avatar
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    And here is the article.

    Supreme Court refuses condemned Mexican's appeal

    The U.S. Supreme Court has refused to review an appeal from a Mexican national on Texas death row for killing a man during a robbery in Houston more than 15 years ago.

    Attorneys for 45-year-old Virgilio Maldonado contend he's mentally impaired and ineligible for execution. The high court made no comment Monday in its refusal.

    Maldonado, from the western Mexican state of Michoacan, already had a record including a bank robbery and another slaying when he was condemned for the November 1995 shooting death of Cruz Saucedo. Prosecutors said Saucedo was killed for marijuana, money and a gun.

    Maldonado confessed but Mexican consulate officials contended at the time of his 1997 trial that Maldonado unfairly was not informed of legal protections entitled to foreign nationals under an international treaty.

    http://www.star-telegram.com/2011/10...#ixzz1ZjjLhqDX

  8. #8
    Senior Member CnCP Legend JLR's Avatar
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  9. #9
    Senior Member CnCP Legend JLR's Avatar
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    In an opinion today, the TCCA found Maldonado mentally retarded and commuted his sentence to life which I would imagine would come with parole eligibility after 40 years. http://www.cca.courts.state.tx.us/op...pinionID=24186

  10. #10
    Senior Member Member chris35721's Avatar
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    Maldonado has pulled one over on TDCJ. He is no more retarded than I am. Have worked with this person and My son does on a daily basis and the only time he starts acting retarded is when rank or doctors around.

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