Legal Opinion

Ex parte Murphy

Court of Criminal Appeals of Texas

Decided November 7, 2018No. WR-38,198-04PublishedCited by 1 opinion

1Opinion of the Court

Alcala, J., filed a dissenting opinion in which Walker, J., joined.

In this application for post-conviction habeas relief filed by Julius Jerome Murphy, applicant, the habeas court never heard any live testimony from the two witnesses who are pertinent for the resolution of applicant's false-evidence claim. I, therefore, would remand this case to the habeas court for it to properly analyze applicant's claim based on a complete review of all the pertinent evidence, rather than, as this Court's majority does, deny applicant's claim based on the existing record that includes only written…

2Cases cited5 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Gregg v. GeorgiaSupreme Court of the United States · 1976
  3. Atkins v. VirginiaSupreme Court of the United States · 2002
  4. Ronald Beal v. Brian FosterCourt of Appeals for the Seventh Circuit · 2015
  5. Ex Parte ChabotCourt of Criminal Appeals of Texas · 2009

3Cited by1 opinion

  1. In Re: Julius MurphyCourt of Appeals for the Fifth Circuit · 2019

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