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Court of Criminal Appeals of Texas

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EX PARTE JIMENEZ, 713-01. (2018)
Court of Criminal Appeals of Texas Filed:TX Oct. 31, 2018 Citations: 713-01., WR-88

DO NOT PUBLISH ORDER PER CURIAM . Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824 , 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of indecency with a child and sentenced to imprisonment for eight years. On February 1, 2018, an order designating issues was signed by the trial court. 1 The habeas...

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EX PARTE GARCIA, 292-03. (2018)
Court of Criminal Appeals of Texas Filed:TX Sep. 12, 2018 Citations: 292-03., WR-88

DO NOT PUBLISH OPINION PER CURIAM . Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824 , 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to imprisonment. Applicant contends that he was denied his right to a direct appeal of the conviction through no fault of his own. See Ex parte Axel, 757 S....

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IN RE CESENA, 357-01. (2018)
Court of Criminal Appeals of Texas Filed:TX Jun. 27, 2018 Citations: 357-01., WR-88

DO NOT PUBLISH ORDER PER CURIAM . Relator filed a petition for a writ of mandamus, pursuant to the original jurisdiction of this Court. The petition requests that we issue a writ of mandamus in the underlying cases, ordering the district court to order the city attorney's office to provide electronic duplicates of videos in the above actions. This Court held the application in abeyance, ordered a stay in the underlying proceedings, and ordered the respondent to file a response. Relator...

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EX PARTE GARCIA, 547 S.W.3d 228 (2018)
Court of Criminal Appeals of Texas Filed:TX May 09, 2018 Citations: 547 S.W.3d 228, PD-0804-17.

OPINION Hervey , J. , delivered the opinion of a unanimous Court. The issue in this case is whether Samuel Osvaldo Garcia's claim that he is entitled to relief because his attorney gave him affirmative misadvice regarding his possible deportation is cognizable or whether it is barred as a non-retroactive Padilla claim. The court of appeals held that the claim is cognizable as an affirmative misadvice claim, and we agree. Consequently, we affirm the judgment of the court of appeals....

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IN RE CESENA, 357-01. (2018)
Court of Criminal Appeals of Texas Filed:TX May 02, 2018 Citations: 357-01., WR-88

DO NOT PUBLISH ORDER PER CURIAM . Relator filed a petition for a writ of mandamus, pursuant to the original jurisdiction of this Court. The petition requests that we issue a writ of mandamus in the underlying cases, ordering the district court to order the city attorney's office to provide electronic duplicates of videos in the above actions. The respondent, the Judge of the Municipal Court of the City of Carrollton, shall file a response with this Court. The real party in interest, the...

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EX PARTE CARTY, 543 S.W.3d 149 (2018)
Court of Criminal Appeals of Texas Filed:TX Feb. 07, 2018 Citations: 543 S.W.3d 149, 055-02., WR-61

ORDER Per curiam . This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, 5. Applicant was convicted of murdering Joana Rodriguez in the course of kidnapping her. Prior to the instant offense, Rodriguez was pregnant and was living in the same apartment complex where Applicant resided. Applicant told people that she wanted Rodriguez's baby and that she was going to "cut the baby out" of her....

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