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Torriano Walpool v. Texas
Paid petition · Court of Criminal Appeals of Texas, No. WR-87,520-03 · judgment June 28, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In Texas law, the Texas Court of Criminal Appeals considers the trial court the “eyes and ears” of the Court in making findings to aid the Court in deciding whether to grant relief on postconviction writs of habeas corpus. In this case, the trial court made extensive findings that Petitioner was actually innocent. The Court of Criminal Appeals, without having been present at the hearing, or even seriously considering the trial court’s findings, reversed the findings and denied relief upon the writ application. Did this action by the Court of Criminal Appeals deny Petitioner’s Due Process rights?
Counsel of record
For petitioner
John Davidson Nation
For respondent
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Case
Conference history
Distributed for 2 conferences
Proceedings
- Dec 11 2023Petition DENIED.
- Dec 01 2023Rescheduled.
- Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 14 2023DISTRIBUTED for Conference of 12/1/2023.
- Sep 26 2023Petition for a writ of certiorari filed. (Response due November 1, 2023)