Legal Opinion
Ex Parte Soffar
Court of Criminal Appeals of Texas
Decided February 11, 2004No. 29980-02PublishedCited by 59 opinions
1Opinion of the Court
ORDER
2Per curiam
This is a subsequent application for writ of habeas corpus filed pursuant to Article 11.071, § 5 of the Texas Code of Criminal Procedure. We dismiss this application without prejudice because applicant’s federal writ of habeas corpus challenging his capital murder conviction and death sentence is pending in the Fifth Circuit and that court has not stayed its proceedings for applicant to return to state court to consider his current unexhausted claims.
It is not surprising that the federal courts do not consider entering a stay in their habeas proceedings involving Texas inmates because,…
3Cases cited12 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Darr v. BurfordSupreme Court of the United States · 1950
- Gennero Galtieri v. Louie L. Wainwright, Director, Division of Corrections, John Matera v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
- Gilbert Jackson v. Howard Johnson, Dallas Police OfficerCourt of Appeals for the Fifth Circuit · 1992
7 more not listed; retrieve them via the Exa API.
4Cited by59 opinions
- David Munchinski v. Harry WilsonCourt of Appeals for the Third Circuit · 2012
- In Re: WilsonCourt of Appeals for the Fifth Circuit · 2006
- Ex Parte BlueCourt of Criminal Appeals of Texas · 2007
- Ex Parte MorenoCourt of Criminal Appeals of Texas · 2008
- Mathis v. ThalerCourt of Appeals for the Fifth Circuit · 2010
54 more not listed; retrieve them via the Exa API.