Convicted cop killer loses attempt at death penalty appeal - KYTX CBS 19 Tyler Longview News Weather Sports

Convicted cop killer loses attempt at death penalty appeal

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Randall Wayne Mays Randall Wayne Mays
NEW ORLEANS (KYTX) - Convicted cop killer Randall Wayne Mays lost a lawsuit against the Texas Department of Criminal Justice last week. The loss resulted in Mays' execution being allowed to go forward.

In 2007 law enforcement went to Mays' Henderson County home on a domestic violence call. Officers and deputies tried to arrest him, but he barricaded himself inside his home and a standoff ensued. Ultimately Mays shot Deputy Tony Ogburn and Officer Paul Habelt in the head, killing them both.

Mays sued the TDCJ in Federal court last December in an attempt to gain what's known as a Certificate of Appealability (COA) for his case. The suit was based on assertions that Mays is mentally handicapped and received ineffective assistance from past attorneys when it came to raising that issue in front of lower courts.

Mays' position was that the State of Texas should not be allowed to execute a mentally handicapped individual. He said it was a violation of his rights.

The United States Fifth Circuit Court of Appeals ruled that prior cases establish a precedent that the mentally handicapped to not receive an absolute constitutional protection from death penalty laws.. The judges denied his request for a COA as a result.

Mays' execution has not been scheduled. The case will return to a lower judge to have that date set.

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