No. 23-6265
Response WaivedIFP
Tags: actual-innocence criminal-procedure due-process habeas-corpus judicial-review schlup-standard state-procedural-ground state-procedural-grounds texas-criminal-procedure texas-law writ-application
Key Terms:
DueProcess
DueProcess
Latest Conference:
2024-02-16
Question Presented (from Petition)
Whether the Texas Court of Criminal Appeals',
holding that Texas Code of Criminal Procedure
Article 11.07 section 4 (a) (2) precluded
consideration of the merits of subsequent writ
application asserting Schulp-type of actual
innocence .,is an adequate and independent state
procedural ground for the judgement of dismissal.
Question Presented (AI Summary)
Whether the Texas Court of Criminal Appeals' holding that Texas Code of Criminal Procedure Article 11.07 section 4(a)(2) precluded consideration of the merits of subsequent writ application asserting Schlup-type of actual innocence is an adequate and independent state procedural ground for the judgment of dismissal
Docket Entries
2024-02-20
Petition DENIED.
2024-01-11
DISTRIBUTED for Conference of 2/16/2024.
2024-01-09
Waiver of right of respondent Texas to respond filed.
2023-12-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2024)
Attorneys
Texas
Lori Denise Brodbeck — Texas Office of the Attorney General, Respondent
Timothy Dean Stone
Thomas Dean Stone — #1177762, Petitioner