Legal Opinion
Ex Parte Gutierrez
Court of Criminal Appeals of Texas
Decided May 4, 2011No. AP-76,406PublishedCited by 223 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · CochranCochran, J.
in which MEYERS, WOMACK, JOHNSON, KEASLER and HERVEY, JJ., joined.
Appellant appeals from two trial court orders-the first denying his request for appointed counsel to assist him in filing a motion for post-conviction DNA testing, and the second denying his motion for the testing itself. We will affirm.
I
Background
Appellant was convicted of capital murder and sentenced to death for his participation in the robbery and murder of eighty-five-year-old Escolástica Harrison. Mrs. Harrison lived with her nephew, Avel Cuellar, in a mobile-home park in Brownsville. She owned the mobile-home…
3Cases cited29 opinions
- Enmund v. FloridaSupreme Court of the United States · 1982
- Lego v. TwomeySupreme Court of the United States · 1972
- Tison v. ArizonaSupreme Court of the United States · 1987
- Kelly v. StateCourt of Criminal Appeals of Texas · 1992
- District Attorney's Office for the Third Judicial District v. OsborneSupreme Court of the United States · 2009
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4Cited by223 opinions
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