Legal Opinion

Ex Parte Cacy

Court of Criminal Appeals of Texas

Decided November 2, 2016No. WR-85,420-01PublishedCited by 17 opinions

1Opinion of the Court

YEARY, J., filed a concurring opinion in which KELLER, P.J., joined.

A post-conviction habeas corpus applicant can obtain relief in Texas if he can produce new evidence to satisfy this Court, by clear and convincing evidence, that no reasonable jury, having heard both the evidence presented at trial and the new, exculpatory evidence, would have convicted him. Ex parte Elizondo , 947 S.W.2d 202 , 209 (Tex. Crim. App. 1996). We have described this as a "Herculean" burden. Ex parte Brown , 205 S.W.3d 538 , 545 (Tex. Crim. App. 2006). I am in favor of granting post-conviction relief to any…

2Cases cited3 opinions

  1. Ex Parte BrownCourt of Criminal Appeals of Texas · 2006
  2. In Re AllenTexas Supreme Court · 2012
  3. Ex parte ReyesCourt of Criminal Appeals of Texas · 2015

3Cited by17 opinions

  1. Ex parte ChaneyCourt of Criminal Appeals of Texas · 2018
  2. Cobb, TravisCourt of Criminal Appeals of Texas · 2025
  3. Cobb, TravisCourt of Criminal Appeals of Texas · 2025
  4. Cobb, TravisCourt of Criminal Appeals of Texas · 2025
  5. Hicks, Ray AnthonyCourt of Criminal Appeals of Texas · 2022

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