No. 22-7429

Melecio Santana Delacruz, aka Ricardo Vergara v. Texas

Lower Court: Texas
Docketed: 2023-05-01
Status: Denied
Type: IFP
IFP
Tags: credibility-determination habeas-corpus ineffective-assistance ineffective-assistance-of-counsel perjury record-evidence sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (from Petition)

Understariding that the Texas Gourt of Criminal Appeals is the
ultimate fact finder in Texas habeas corpus cases, and the weight
placed upon Trial Court credibility determinations by the Texas Court
of Criminal Appeals in a scenario where they themselves requested
an affidavit from the contested attorney pursuant to a remand on
an ineffective assistance of counsel Sixth Amendment violation, does
a credibility determination with no-or even contrary-record evidence
trump a clearly record supported claim that proves the attorney has
presented perjurious statements based on the record in his affi
davit that are provably so by the record and evidence?

QUESTION TWO: Does an attorney's false affidavit on habeas cure his
ineffectiveness at trial for failing to call a key witness in a case
where her habeas affidavit tracks the attorney's own sworn motion,
filed after; his investigator had interviewed her, concerning the
materiality of her testimony in a case where she has specific and
audio recorded evidence the entire case was fabricated and especi
ally so when the then only defense at trial was "you can't believe the
child complainbant?!''

QUESTION THREE: Given the inceasingly Spanish speaking population-
especially in Texas-can an attorney ever be found effective for his
failure to have the Complainant's video,that was completely in spa-
nishjwhen he utilized it at trial,translated?after he told every
one in the courtroom that it was "critical" to have an translator-.when
he started to go through the video?but then failed to have one and
then hung his complete defense on the unbelievability of thenstate-
ments in thessame video that the jury requested to see with an inter
preter by Jury note and was then told-without obiection-that they must
ignore the Spanish portions of theyvideo and only consider the
english portions because of the law"by the Trial Court Judge?

Question Presented (AI Summary)

Whether a credibility determination with no or contrary record evidence can trump a clearly record-supported claim that proves an attorney has presented perjurious statements

Docket Entries

2023-10-02
Petition DENIED.
2023-06-15
DISTRIBUTED for Conference of 9/26/2023.
2023-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2023)

Attorneys

Melecio Delacruz
Melecio Santana Delacruz — Petitioner