They didn't delay Jose Medellin's execution because of hurricane Edouard.
They didn't delay Jose Medellin's execution because of hurricane Edouard.
Order for DNA testing was denied on 08/25/2017
08/30/2017 ORD W/DRAW EXEC DT V1432P1629
08/30/2017 ORD SET EXEC DATE V1432P1628
08/30/2017 BY ORDERS OF JUDGE JEFFERSON MOORE
08/25/2017 ORD DNA TESTING V1436P0303 (DENIED)
08/25/2017 EFILE ENVELOPE NBR 19089876
08/25/2017 NOTICE OF APPEAL DENIED DNA TEST
08/25/2017 NOTICE OF APPEAL
https://apps.bexar.org/Search/Detail...86103932900000
Last edited by DavidO; 09-06-2017 at 08:23 AM. Reason: Further information requested via private message
Texas Court of Criminal Appeals halts state's last execution of 2017
Texas’ last scheduled execution of the year has been canceled.
On Tuesday, the Texas Court of Criminal Appeals stayed the Dec. 14 execution of Juan Castillo and sent his case back to the trial court to look into claims of false testimony.
Castillo, 36, was sentenced to death in the 2003 robbery and murder of Tommy Garcia Jr. in San Antonio, according to court records. Prosecutors said Castillo and three others planned to rob Garcia after luring him to a secluded area with the promise of sex with one of the women involved in the plan. But when Garcia tried to run, Castillo shot him, according to the accomplices.
One of the witnesses at his trial, Gerardo Gutierrez, bunked near Castillo at the Bexar County Jail and testified that Castillo had confessed to the crime in jail. But in 2013, Gutierrez signed an affidavit saying that he lied in his testimony “to try to help myself.”
Even though Castillo had already gone through appeals and lost, the Court of Criminal Appeals ruled on Tuesday that his case was now applicable for further review because of a nearly decade-old ruling. The court had previously held that it was a constitutional violation when the prosecution knowingly uses false testimony to obtain a conviction. And in a 2009 case, it went further to say that even if prosecutors are unaware testimony is false, it still violates a defendant’s due process rights.
“Although the present case involves unknowing, rather than knowing, use of testimony, we see no reason for subjecting the two types of errors to different standards of harm,” the court ruled.
Since the 2013 admission from Gutierrez came after this new precedent, Castillo’s execution was stopped. The prosecution argued against the stay, stating that Gutierrez’s testimony was corroborated by multiple other witnesses.
Castillo has had multiple execution dates set and stopped. In August, his September execution was rescheduled by the Bexar County district attorney because some of Castillo’s defense team was based in Houston, which was suffering from Hurricane Harvey flooding.
His execution was the only one remaining on the 2017 calendar in Texas. The state has executed seven people this year, the most in the country. Seven people were also put to death in Texas last year, and five executions are already scheduled in the first three months of 2018.
https://www.texastribune.org/2017/11...xecution-2017/
An uninformed opponent is a dangerous opponent.
"Y'all be makin shit up" ~ Markeith Loyd
I hate when December executions get stayed!
Copy of TCCA opinion as to most recent stay for Juan Castillo.
http://search.txcourts.gov/SearchMed...e-875fdf16f086
Trial court's decision denying DNA testing is affirmed.
http://search.txcourts.gov/SearchMed...a-77e0f1426629
Is the stay lifted now?
Don't ask questions, just consume product and then get excited for next products.
"They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters
I thought it was stayed due to issues of false testimony.
No. The stay was based on false testimony at trial. This appeal was based on the DNA testing that was denied by the trial court. It doesn't matter in the end; he's still guilty as can be. The frivolous change in the law is the only reason why he got a stay in the first place, and that too will be lifted eventually.
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