Legal Opinion

Ex Parte Chavez

Court of Criminal Appeals of Texas

Decided November 22, 2006No. AP-75,245PublishedCited by 333 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · PricePrice, J.

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

We filed and set this post-conviction application for writ of habeas corpus, brought pursuant to Article 11.07 of the Code of Criminal Procedure,1 in order to consider the recommendation of the convicting court that the applicant receive a new punishment proceeding on the basis of evidence of actual innocence. The convicting court did not recommend that the applicant be granted a new guilt-phase proceeding. We hold that, at least on the facts presented in this application, a new punishment proceeding is not…

3Cases cited23 opinions

  1. United States v. BagleySupreme Court of the United States · 1985
  2. Kyles v. WhitleySupreme Court of the United States · 1995
  3. Lockyer v. AndradeSupreme Court of the United States · 2003
  4. Strickler v. GreeneSupreme Court of the United States · 1999
  5. Harmelin v. MichiganSupreme Court of the United States · 1991

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4Cited by333 opinions

  1. Smith v. StateCourt of Criminal Appeals of Texas · 2009
  2. Kim v. StateCourt of Appeals of Texas · 2009
  3. Simpson, Mark TwainCourt of Criminal Appeals of Texas · 2016
  4. Chavez, Ex Parte AdrianCourt of Criminal Appeals of Texas · 2012
  5. James Sample v. State, Texas Court of Appeals, 2nd District (Fort Worth)2013

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