Flores v. Estelle

Respectfully, I dissent.

Our previous decision 1 remanded this case for an evidentiary hearing, and located the burden on the State to establish beyond a reasonable doubt that Dr. Mason’s testimony on the toxicology of Garza would not have favored the defense at the state court trial.2 We held that if the state failed to meet its burden, the writ of habeas corpus must be granted to Flores and Ortega.

On remand the State subpoenaed Dr. Mason to appear with “any medical records that you may have on Juan Garza.” It quickly appeared at the hearing that Mason had been the Director of the Criminal…