Chavez, Ex Parte Adrian

I agree with the Court and with Judge Price that applicant’s claim must fail. I dissent because I believe that the claim should be dismissed rather than denied on the merits. I also write separately to review the differences in the ways that we treat claims, depending on whether testimony is perjured or merely false, and whether the State knew or did not know of that fact.

A. Procedural Question:

Dismiss or Deny?

Under § 4, we cannot consider the merits of a subsequent habeas application unless one of two exceptions is satisfied.1 The Court holds that applicant has satisfied the “unavailability”…