AUSTIN, Texas —
The Texas Court of Criminal Appeals has stopped the state’s first execution of the year, pointing to changes in bite mark science and laws regarding intellectual disability and the death penalty.
Blaine Milam received a stay from the court a day before his death was scheduled on Tuesday. Milam, 29, was convicted in the brutal death of his girlfriend’s 13-month-old baby girl in 2008 in East Texas.
In a late appeal, Milam argued against the state’s reliance on bite mark testimony, which was a key part of his trial. His lawyers also claimed he was intellectually disabled and therefore ineligible for execution.
“Because of recent changes in the science pertaining to bite mark comparisons and recent changes in the law pertaining to the issue of intellectual disability ... we therefore stay his execution and remand these claims to the trial court for a review of the merits of these claims,” the order stated.
In the dissenting opinion, Justice Kevin Yeary says Milam was considered mentally competent for execution during the sentencing phase of his trial in 2010.
In light of the Moore v. Texas decision in 2017, Justice Yeary says Milam's case does not live up to the "blue standard." He also addressed Milam's original application.
"I would certainly have been open to an argument, post-Moore, however, that we should re-open Applicant's initial writ application, had he raised his claim at that time since, in the Supreme Court's belated estimation, we would have been 'wrong' to reject it," Justice Yeary said.
Justice Yeary addressed the bite marks issue as well saying that even if there was new evidence, the outcome of the trial would likely be no different.
