Legal Opinion

Ex Parte Santana

Court of Criminal Appeals of Texas

Decided June 27, 2007No. AP-75,284PublishedCited by 63 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · KeaslerKeasler, J.

in which KELLER, P.J., and MEYERS, PRICE, HERVEY, and COCHRAN, JJ., joined.

Pedro Jose Santana filed a subsequent application under Article 11.07, Texas Code of Criminal Procedure, alleging that he is actually innocent. We filed and set this case to determine whether Santana’s first application, which presented a claim of ineffective assistance of appellate counsel, challenged the conviction for purposes of Article 11.07, Section 4. We hold that it did and that his current claim is procedurally barred. Therefore, we dismiss his application under Section 4.

Procedural Background

In 1997,…

3Cases cited16 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Smith v. RobbinsSupreme Court of the United States · 2000
  3. Smith v. MurraySupreme Court of the United States · 1986
  4. Ex Parte TorresCourt of Criminal Appeals of Texas · 1997
  5. Ex Parte CrowCourt of Criminal Appeals of Texas · 2005

11 more not listed; retrieve them via the Exa API.

4Cited by63 opinions

  1. Ex Parte MillerCourt of Criminal Appeals of Texas · 2010
  2. Small v. Commissioner of CorrectionSupreme Court of Connecticut · 2008
  3. In Re AllenTexas Supreme Court · 2012
  4. Flores, Ex Parte GerardoCourt of Criminal Appeals of Texas · 2012
  5. Miles, Ex Parte Richard Ray Jr.Court of Criminal Appeals of Texas · 2012

58 more not listed; retrieve them via the Exa API.

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