Legal Opinion

Garcia v. Thaler

District Court, W.D. Texas

Decided June 22, 2011No. 2:11-mj-00482PublishedCited by 1 opinion

1Opinion of the Court

ORDER OF DISMISSAL WITHOUT PREJUDICE

ORLANDO L. GARCIA, District Judge.

Petitioner Humberto Leal Garcia, Jr. has filed this, his third, federal habeas corpus action challenging his July, 1995 Bexar County conviction for the capital murder of Adria Sauceda and sentence of death. Petitioner has also requested a stay of execution and a stay of proceedings in this cause so he can return to state court and exhaust state habeas remedies on what he admits is a currently-unexhausted claim for relief based upon the decision of the International Court of Justice (“ICJ”) in the case of Avena and Other…

2Cases cited47 opinions

Slack v. McDanielSupreme Court of the United States · 2000
Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
Miller-El v. CockrellSupreme Court of the United States · 2003
Barefoot v. EstelleSupreme Court of the United States · 1983
Rhines v. WeberSupreme Court of the United States · 2005

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3Cited by1 opinion

Garcia v. ThalerCourt of Appeals for the Fifth Circuit · 2011