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Thread: Carlos Manuel Ayestas - Texas Death Row

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    Carlos Manuel Ayestas - Texas Death Row



    Summary of Offense:

    On September 5, 1995, in Houston, Ayestas murdered a Hispanic female during the burglary of her home. Ayestas strangled the victim, causing her death.

    Ayestas was sentenced to death in Harris County in September 1997.

  2. #2
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    On September 11, 2009, Ayestas filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/tex...v02999/698042/

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    On March 31, 2011, Ayestas filed an appeal in the US Fifth Circuit Court of Appeals over the denial of his habeas petition in Federal District Court.

    http://dockets.justia.com/docket/cir.../ca5/11-70004/

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    CARLOS MANUEL AYESTAS v RICK THALER

    In today's Fifth Circuit Court of Appeals opinions, the court DENIED Ayestas' certificate of appealability.

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    Honduran man on Texas death row loses appeal

    A federal appeals court has rejected an appeal from a Honduran man sent to Texas death row for killing a woman during a robbery of her Houston home more than 16 years ago.

    Carlos Ayestas argued unsuccessfully to the 5th U.S. Circuit Court of Appeals that his lawyers were deficient, he was unaware he could have contacted the Honduran consulate for legal help under an international treaty, evidence was insufficient and jury instructions improper.

    A Harris County jury in 1997 took 12 minutes to decide Ayestas should die for murdering 67-year-old Santiaga Pareque. He and two other men showed up at her apartment in September 1995 under the guise of answering a newspaper ad about a bed for sale.

    The 42-year-old Ayestas does not have an execution date.

    http://www.statesman.com/news/texas/...l-2194698.html

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    Carlos Ayestas v. Rick Thaler, Director

    In today's Fifth Circuit Court of Appeals opinions, Ayestas' motion to rehear and a motion to remand for a Martinez claim were DENIED.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Administrator Heidi's Avatar
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    In today's Supreme Court orders, Ayestas' petition for writ of certiorari was granted and the case remanded to the 5th Circuit for further consideration in light of Trevino v. Thaler.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  8. #8
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    US Supreme Court orders 6 Death Row cases reviewed

    By Michael Graczyk
    The Associated Press

    HUNTSVILLE — HOUSTON — The U.S. Supreme Court on Monday sent the cases of six Texas death row inmates, including one of the infamous “Texas 7” gang of escapees, back to a lower court for reviews of whether attorneys in earlier stages of appeals let the men down.

    The decisions are in line with last week’s ruling in another Texas case where the justices, in a 5-4 vote, said a condemned prisoner had deficient legal help early because appeals lawyers didn’t raise challenges that his trial lawyers were ineffective.

    The high court returned the cases to the 5th U.S. Circuit Court of Appeals for review. None of the six has a pending execution date, although some had come close to being put to death in the past before their punishment was delayed by the courts.

    Among the condemned prisoners is Donald Newbury, 51, one of seven inmates who broke out of a South Texas prison in 2000. One fugitive killed himself as Colorado authorities closed in on the gang. The remaining six were convicted of killing a suburban Dallas police officer Aubrey Hawkins during a Christmas Eve robbery in Irving in 2000. Two of the six already have been executed.

    Another prisoner who won a review Monday was John Balantine, 44. He was convicted of the 1998 slayings of Mark Caylor Jr., his ex-girlfriend’s 17-year-old brother, and two other teenagers — shooting all three while they slept in Amarillo. In 2011, Balantine got within an hour of execution before the high court stopped it.

    “We look forward to representing Mr. Balentine in further litigation,” his appeals lawyer, Lydia Brandt, said Monday.

    In appeals, Brandt contended lawyers failed to uncover evidence of Balentine’s abusive and poor childhood. She also said that Balentine’s earlier appeals lawyers didn’t question that and allowed the opportunity to do so to expire under court rules.

    The other death row inmates whose cases have been sent back are all Harris County cases. They include:

    •Carlos Ayestas, 43, a Honduran national convicted of robbing and strangling a 67-year-old Houston woman, Santiaga Pareque, at her apartment in 1995.

    •Bill Douglas Gates, 63, convicted of the 1999 rape and strangling of a 41-year-old woman, Elfreda Gans, at her Houston apartment.

    •Anthony Haynes, 34, condemned for the 1998 shooting death of off-duty Houston police Sgt. Kent Kincaid. Last October, Haynes got within about 2Ω hours of lethal injection before the U.S. Supreme Court issued a reprieve.

    •Willie Washington, 54, who’s been on death row since 1986 for the 1985 fatal shooting of Kiflemariam Tareh, 27,a Houston grocery store employee, during a robbery where $100 was taken. Tareh was an Ethiopian political refugee.

    Last week’s precedent-setting case for Monday’s decisions involved convicted killer Carlos Trevino, 38, a San Antonio street gang member condemned for the 1996 gang rape and fatal stabbing of a 15-year-old Linda Salinas.

    Trevino’s attorneys argued his trial lawyers were deficient for not investigating evidence of a horrific childhood that could have swayed the Bexar County jury to give him life in prison rather. Then, lawyers in the initial stages of his appeal were equally deficient for not raising the claim that the trial lawyers were ineffective, Trevino’s lawyers argued to the U.S. Supreme Court.

    The high court disagreed with state attorneys who contended Texas law provided ways to accommodate the challenges and that the appeal was without merit.

    http://itemonline.com/local/x1374708...cases-reviewed

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    On November 18, 2014, Ayestas' habeas petition was DENIED on remand in Federal District Court.

    http://docs.justia.com/cases/federal...2999/698042/51

  10. #10
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    On May 1, 2015, Ayestas filed an appeal before the US Court of Appeals for the Fifth Circuit.

    http://dockets.justia.com/docket/cir...s/ca5/15-70015

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