the finding that Myers is not mentally retarded as defined in Murphy I. Further, we find that Myers’s other claims of error do not justify relief. Myers’s application for post-conviction relief is DENIED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2005), the MANDATE is ORDERED issued upon the delivery and filing of this decision. CHAPEL, P.J., C. JOHNSON and LEWIS, JJ: concur. LUMPKIN, V.P.J.: specially concur. 1 . Myers was also convicted of First Degree Murder in a separate trial in Rogers County District Court, Case No. CF-96-233, for the death of Shawn Williams. Myers’s appeal in that matter is currently pending before this Court in Case No. D-2000-271. 2 . Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (<HOLDING>) 3 . The Murphy I court adopted the following
holding that the execution of mentally retarded criminals violates the eighth amendment holding that what constitutes cruel and unusual punishment is a question of law holding that execution of the mentally retarded is prohibited under the eighth amendment to the united states constitution holding that the eighth amendment to the united states constitution prohibits the execution of mentally retarded individuals holding execution of the mentally retarded constitutes cruel and unusual punishment in violation of the eighth amendment