Legal Opinion · Dissent

in Re State of Texas Ex Rel. Brian Risinger, Relator

Court of Criminal Appeals of Texas

Decided December 16, 2015No. WR-84,212-01Published

1Dissent

Alcala, J.,

filed a dissenting statement.

About a month ago, on November 18, 2015, the State of Texas executed Raphael Deon Holiday for capital murder. Holi*264day’s execution occurred despite three factors that should have allowed him to remain alive to pursue habeas relief and to file a new .clemency petition: (1) the trial-court judge withdrew Holiday’s execution date based on his conclusion that Holiday had presented claims for habeas relief that warranted further litigation, (2) as I noted i,n my previous dissenting statement in this case, this Court’s majority should have denied the State’s…

2Cases cited13 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Martinez v. RyanSupreme Court of the United States · 2012
  3. De Leon v. AguilarCourt of Criminal Appeals of Texas · 2004
  4. Bonilla, RosaliCourt of Criminal Appeals of Texas · 2014
  5. Saenz v. StateCourt of Criminal Appeals of Texas · 2005

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