Opinion

State Ex Rel. Holmes v. Honorable Court of Appeals for the Third District

  • 885 S.W.2d 389
  • 1994 Tex. Crim. App. LEXIS 52
  • 1994 WL 135476
Court
Court of Criminal Appeals of Texas
Filed
Apr 20, 1994
Status
Published
Author
Miller
On the bench
Baird, Overstreet, Campbell, White, Meyers, Clinton, Miller
Cited by
215 cases
Authority
More cited than 70.8%

holding that “in order to be entitled to relief on a claim of factual innocence the applicant must show that based on the newly discovered evidence and the entire record before the jury that convicted him, no rational trier of fact could find proof of guilt beyond a reasonable doubt”

How later courts described this case

  • holding that “in order to be entitled to relief on a claim of factual innocence the applicant must show that based on the newly discovered evidence and the entire record before the jury that convicted him, no rational trier of fact could find proof of guilt beyond a reasonable doubt”
  • holding that the trial court was without jurisdiction to issue an injunction, “[n]otwithstanding that respondent held [it] was necessary to protect its jurisdiction over the appeal of Graham’s civil case”
  • holding that any order by another state court purporting to stay an execution unlawfully circumvents the exclusive jurisdiction of the Court of Criminal Appeals in a death-penalty conviction
  • stating that actual innocence claims for inmates sentenced to death are cognizable in a habeas corpus application

Written by the judges who cited it.

The opinion

MILLER, J.,

dissents. Judge CAMPBELL, in his concurring opinion’s discussion of “The Clemency Process,” appeal’s to mirror my earlier comments in my Dissent to the Order Filing and Setting Relator’s Mandamus Actions, footnote 2. To that extent I agree with his “observations.” Nevertheless, Judge MEYERS has the proper view of the correct disposition of this matter, and thus I join his opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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