Skip to main content

Texas criminal appeals court takes man off death row over intellectual disability

Since Randall Mays was sentenced to death in 2008 for the murder of two sheriff’s deputies, his lawyers have argued his intellectual disability exempts him from execution.

The Texas Court of Criminal Appeals re-sentenced a 64-year-old man on death row to life in prison without parole on Wednesday after a state expert confirmed in trial court that he is intellectually disabled.

Randall Mays was sentenced to death in 2008 for the murder of 2 sheriff's deputies in Henderson County but in the years since his legal team has filed multiple appeals arguing he is exempt from execution due to his mental competency and intellectual disability.

Over two decades ago, the U.S. Supreme Court ruled that executing people with intellectual disabilities violates the Eighth Amendment’s restriction of cruel and unusual punishments, which the criminal appellate court cited in its resentencing decision.

“The evidence of Randall's intellectual disability is overwhelming. He has a 63 IQ. His intellectual deficits have been seen, and observed by others, throughout his life from childhood to military service, and throughout his adulthood,” Benjamin Wolff, the director of the Texas Office of Capital and Forensic Writs, said in a statement on Wednesday. An expert hired by the state confirmed those findings, the office said.

The state public defender’s office that represents people on death row in post-conviction proceedings has represented Hays since 2015. Mays is also represented by the law firm Haynes and Boone and the Federal Public Defender’s Office in Dallas.

During a trial court last year, experts who conducted neuropsychological evaluations of Mays confirmed that he met the criteria for an intellectual disability diagnosis. An expert hired by the state said she could not rebut that finding. The Henderson County District Attorney also did not dispute Mays’ intellectual disability.

That point in the case was remarkable, Wolff told The Texas Tribune, “when the state of Texas, which sought the death sentence against Randall Mays, could no longer stand behind it.”

Mays shot and killed Henderson County Sheriff’s Deputies Tony Ogburn and Paul Habelt after the officers responded to a domestic disturbance call at his property in Payne Springs, a small town that lies on the border between Central and East Texas.

In the 16 years Mays has been on death row, his lawyers have repeatedly appealed his conviction on the grounds that he is intellectually disabled, a neurodevelopmental condition. His legal team has also argued that Mays is incompetent to stand trial on the grounds that he has a lack of rational understanding of the case against him.

In 2019, a judge halted an execution of Mays over questions of his competency. A schizophrenia diagnosis and a lack of understanding of why he was set to be executed resulted in a withdrawal of the death warrant less than two weeks before his execution. The Court of Criminal Appeals stopped Mays’ first scheduled execution in 2015 over similar claims.

Ultimately, the state’s highest criminal court cited the 2002 U.S. Supreme Court case Atkins v. Virginia, which forbids the execution of people with intellectual disabilities but grants states the power to define that designation.

Texas has executed 1 person this year. 8 people were put to death in 2023 — more than any other state.

The Texas House has repeatedly attempted to exclude some people with severe mental illnesses from the death penalty. Last year, the House passed a bill that precluded defendants diagnosed with schizophrenia or schizoaffective disorder from the death penalty. But that effort, like previous ones, died in the more conservative chamber.

Source: Texas Tribune, Staff, March 28, 2024

_____________________________________________________________________








"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde



Most viewed (Last 7 days)

China executes 11 members of gang who ran billion-dollar criminal empire in Myanmar

China has executed 11 members of the notorious Ming family criminal gang, who ran mafia-like scam centers in Myanmar and killed workers who tried to escape, Chinese state media reported on Thursday.  The Ming family was one of the so-called 4 families of northern Myanmar — crime syndicates accused of running hundreds of compounds dealing in internet fraud, prostitution and drug production, and whose members held prominent positions in the local government and militia aligned with Myanmar’s ruling junta. 

Florida | Man convicted of leaving girl to be eaten by gators avoids death penalty

After about 4 hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock.  A South Florida man who dropped off a 5-year-old child in the Everglades to be eaten alive by gators nearly 3 decades ago was given a second chance at life as jurors recommended he should spend the rest of his life behind bars instead of being sent to death row. After about four hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock. 

Federal Judge Rules Out Death Penalty for Luigi Mangione in UnitedHealth CEO Killing

NEW YORK — A federal judge has dismissed two charges against Luigi Mangione, the man accused of assassinating UnitedHealthcare CEO Brian Thompson, effectively removing the possibility of the death penalty in the high-profile case.  U.S. District Judge Margaret Garnett ruled Friday that the murder charge through use of a firearm — the only count that could have carried a capital sentence — was legally incompatible with the remaining interstate stalking charges against Mangione.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Death toll in Iran protests could exceed 30,000

In an exclusive report, the American magazine TIME cited two senior officials from the Iranian Ministry of Health, who stated that the scale of the crackdown against protesters on January 18 and 19 was so widespread that 18-wheeler trailers replaced ambulances. In its report, based on testimony from these two high-ranking officials, TIME revealed statistics that differ vastly from the official narrative of the Islamic Republic.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Florida's second execution of 2026 scheduled for February

Florida’s second execution of 2026, a man convicted of killing a grocery story owner, will take place in February. Gov. Ron DeSantis signed the death warrant Jan. 23 for Melvin Trotter, 65, to die by lethal injection Feb. 24.  Florida's first execution will take place just a few weeks earlier when Ronald Palmer Heath is set to die Feb. 10. Trotter was convicted of first-degree murder and sentenced to death in 1987 for strangling and stabbing Virgie Langford a year earlier in Palmetto. 

China executes another four members of powerful Myanmar-based crime family

China has executed another four members of a powerful Myanmar-based crime family that oversaw 41 pig butchering scam* compounds across Southeast Asia.   The executed individuals were members of the Bai family, a particularly powerful gang that ruled the Laukkai district and helped transform it into a hub for casinos, trafficking, scam compounds, and prostitution.  China’s Supreme People’s Court approved the executions after 21 members were charged with homicide, kidnapping, extortion, operating a fraudulent casino, organizing illegal border crossings, and forced prostitution. The court said the Bai family made over $4 billion across its enterprise and killed six Chinese citizens.