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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


Certiorari denied · December 11, 2023
Pre-decision estimate: 1% cert probability

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

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Dec 01 2023
    Rescheduled.
  3. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  4. Nov 14 2023
    DISTRIBUTED for Conference of 12/1/2023.
  5. Sep 26 2023
    Petition for a writ of certiorari filed. (Response due November 1, 2023)