Legal Opinion
Ex Parte Hood
Court of Criminal Appeals of Texas
Decided January 10, 2007No. AP-75370PublishedCited by 58 opinions
1Opinion of the CourtKeller, P.J.
in which MEYERS, PRICE, KEASLER, and HERVEY, JJ., joined.
This is applicant’s third habeas application, and the claim he presents now was presented in neither of the first two applications. One of the questions before us is whether we are barred from considering the merits of this application under statutory subsequent application provisions. We conclude that we are barred from considering the merits because the legal bases upon which applicant relies were available at the time he filed his second application.
I. BACKGROUND
On September 7, 1990, applicant was convicted of capital murder. During…
2Cases cited28 opinions
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985
- Lockett v. OhioSupreme Court of the United States · 1978
- Eddings v. OklahomaSupreme Court of the United States · 1982
- Payne v. TennesseeSupreme Court of the United States · 1991
- Penry v. LynaughSupreme Court of the United States · 1989
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3Cited by58 opinions
- Lopez v. StateCourt of Criminal Appeals of Texas · 2008
- Ex Parte MorenoCourt of Criminal Appeals of Texas · 2008
- Hughes v. QuartermanCourt of Appeals for the Fifth Circuit · 2008
- Smith v. TexasSupreme Court of the United States · 2007
- Ruiz v. QuartermanCourt of Appeals for the Fifth Circuit · 2007
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