Page 1 of 2 12 LastLast
Results 1 to 10 of 14

Thread: Joseph Gamboa - Texas Death Row

  1. #1
    Guest
    Join Date
    Oct 2010
    Posts
    5,534

    Joseph Gamboa - Texas Death Row


    Ramiro "Ram" Ayala






    Facts of the Crime:

    Joseph Gamboa was convicted of capital murder in the June 24, 2005 murders of Taco Land bar owner Ramiro "Ram" Ayala, 72, and bar employee Douglas Morgan, 53. Another employee, Denise Koger, then 41, was shot but survived.

    Gamboa was sentenced to death in Bexar County on March 8, 2007.

  2. #2
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS

    NO. WR-78,111-01
    EX PARTE JOSEPH GAMBOA

    ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
    CAUSE NO. 2005-CR-7168A IN THE 379TH DISTRICT COURT
    BEXAR COUNTY
    Per Curiam. Hervey, j., not participating.

    O R D E R

    In March 2007, a jury found applicant guilty of the offense of capital murder. The jury answered the statutory punishment questions in such a way that the trial court set applicant's punishment at death. On July 14, 2008, the State filed in this Court its brief on applicant's direct appeal. Pursuant to Article 11.071 §§ 4(a) and (b) (1), applicant's initial application for a writ of habeas corpus was due to be filed in the trial court on or before November 26, 2008, assuming a motion for extension was timely filed and granted. It has been more than three years since the application was due in the trial court. Accordingly, we order the trial court to resolve any remaining issues within 90 days from the date of this order. The clerk shall then transmit the complete writ record to this Court within 120 days from the date of this order. Any extensions of time shall be obtained from this Court.

    IT IS SO ORDERED THIS THE 1ST DAY OF AUGUST, 2012.

    http://law.justia.com/cases/texas/co...78-111-01.html

  3. #3
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    EX PARTE JOSEPH GAMBOA

    In today's orders, the TCCA DENIED Gamboa's post conviction application for a writ of habeas corpus.
    An uninformed opponent is a dangerous opponent.

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

  4. #4
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On February 12, 2015, Gamboa filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/tex...cv00113/735628

  5. #5
    no more executions
    Guest
    Heidi, I always enjoy your posts. We may disagree on the DP issue but your comments are well thought out and presented. Regardless of which side of the fence we may be on I would respectfully submit that Trevino v. Thaler - US Supreme Court will have an impact on how the State of Texas handles Capital Murder cases. When we realize that the average caseload for public defenders is 2000 cases per year..what lawyer can even hope to assist all clients properly. My understanding is there is some discussion on reducing that case load to 200 cases... In Trevino v. Thaler the decision goes so far as to state that the Great State of Texas was unable to support it's position with so much as ONE citation (not even one case) . We are talking about a VERY conservative Supreme Court here. Texas appellate law has been found to be unconstitutional. I do not believe we will see a huge number of " new" Appeals raised because of this ruling in the texas justice system, however it will affect new cases. What do you think??

  6. #6
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    Quote Originally Posted by no more executions View Post
    I do not believe we will see a huge number of " new" Appeals raised because of this ruling in the texas justice system, however it will affect new cases. What do you think??
    Really? I do not believe we will see a huge number of "new" trials as a result of Trevino v Thaler but death row inmates are known for filing frivolous appeals, whether a "new" SCOTUS decision is applicable or not.

    Docket for 12-7657
    Title: Donald Keith Newbury, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division
    to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Trevino v. Thaler, 569 U.S. ____ (2013).
    Docket for 12-6656
    Title: Carlos Manuel Ayestas, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division
    to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Trevino v. Thaler, 569 U.S. ____ (2013).
    Docket for 12-7612
    Title: Bill Douglas Gates, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division
    to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Trevino v. Thaler, 569 U.S. ____ (2013).
    Docket for 11-10870
    Title: Willie Terion Washington, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division
    to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Trevino v. Thaler, 569 U. S. ___ (2013).
    Docket for 12-6760
    Title: Anthony Cardell Haynes, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division
    to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Trevino v. Thaler, 569 U.S. ____ (2013).
    Docket for 13-5423
    Title: Larry Nuell Neathery, Petitioner v. William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division
    to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Trevino v. Thaler, 569 U. S. ___ (2013).
    Docket for 12-5906
    Title: John Lezell Balentine, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division
    to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Trevino v. Thaler, 569 U. S. ___ (2013).

    Docket for 12-390
    Title: Oscar Smith, Petitioner v. Roland Colson, Warden
    United States Court of Appeals for the Sixth Circuit Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Trevino v. Thaler, 569 U. S. ___ (2013).
    Docket for 12-8582
    Title: Ray Dansby, Petitioner v. Ray Hobbs, Director, Arkansas Department of Correction
    to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Trevino v. Thaler, 569 U. S. ___ (2013).
    An uninformed opponent is a dangerous opponent.

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

  7. #7
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    Location
    New Jersey, unfortunately
    Posts
    4,382
    On September 14, 2016, Gamboa filed an appeal before the U.S. Fifth Circuit Court of Appeals.

    https://dockets.justia.com/docket/ci...s/ca5/16-70023
    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

  8. #8
    Senior Member CnCP Legend FFM's Avatar
    Join Date
    Jan 2013
    Posts
    1,363
    COA denied today by the 5th Circuit.

    http://www.ca5.uscourts.gov/opinions...16-70023.0.pdf

  9. #9
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    The Taco Land murders and a death row interview: South Texas Crime Stories

    Convicted murderer Joseph Gamboa gives 1st-ever interview from death row

    It’s been 17 years since 2 men were brutally murdered at a well-known bar near downtown San Antonio called Taco Land.

    As residents celebrated the Spurs’ 3rd NBA Championship nearby, shots were fired inside the bar, killing owner Ramiro “Ram” Ayala and doorman Doug Morgan.

    The loss of these 2 men has had a lasting impact on so many.

    One of the men who was convicted for this crime, Joseph Gamboa, is now on death row.

    For the 1st time he is speaking about his conviction and time on death row, but we before we get to his interview we need to tell you more about Ayala and Morgan.

    Taco Land was a rugged place, but if you were a fan of music, it was the spot to see live performances.

    “It was very funky, like a psychedelic pirate ship,” musician Erik Sanden said.

    Sanden and his friend Odie played often at Taco Land and were also good friends with Ayala.

    “He was a great guy,” Odie said. “Fatherly at times and brotherly at times.”

    Since the murders, Taco Land has never been the same and it has left a void in the San Antonio music scene.

    “There’s lots of places to play now, but it doesn’t feel the same,” Odie said.

    “It took a long time for us to recover as a band and be able to just be a rock band again,” Sanden said.

    Not only is Taco Land missed but also Ayala.

    “We’re still in mourning, it’s a gaping void,” Odie said.

    “Nothing last forever, I miss you Ram,” Sanden said.

    Remembering Doug Morgan

    He was known as Gypsy Doug and was the doorman at Taco Land for many years.

    “He would have done anything for Ram and vice versa,” his friend and former roommate Claude Morgan said.

    The 2 met at Claude Morgan’s shows as Doug was a fan of music.

    “He would come to our show and he would do this crazy Doug dance in front of the band,” Claude Morgan said. “We all just loved him.”

    According to witnesses the night of the shooting, Doug was shot as he attempted to save another coworker, Denise Koger.

    While Koger was still hit, Claude Morgan believes Doug pushing her down is probably what saved her life.

    Claude Morgan was not surprised by that move, as Doug always thought of others first.

    His life and memory one never to be forgotten.

    “A really good friend and I miss him,” Claude Morgan said.

    Inmate on death row for double murders at Taco Land claims innocence in 1st-ever interview

    “I had nothing to do with this crime,” Joseph Gamboa told KSAT 12 from death row in Livingston, Texas, earlier this month.

    Gamboa was found guilty in 2007 and sentenced to the death penalty for the double murder and robbery of Taco Land.

    For the 1st time, Gamboa is speaking about that night — and denying any involvement.

    “I was there, I never denied that,” Gamboa said. “I played a game of pool, bought a beer and left, that was it.”

    Gamboa goes on to say he was inaccurately identified as a suspect, claiming that surviving victim Denise Kroger said the person who committed the crime was 5'7, 190 pounds, which he is not.

    Also, Gamboa said he wasn’t happy with how his trial played out.

    He said that multiple times his attorneys tried to file for a mistrial because of what he claims were inconsistencies with the police investigation.

    “If you go back and you were to look at the audio, video from my trial from the beginning to the end, you would see all this injustice,” Gamboa said.

    As for Gamboa’s accomplice in this crime, Jose Najera took a plea deal and was given a 50-year prison sentence.

    When asked about his thoughts about Najera taking a plea deal, Gamboa said he couldn’t speak for his actions.

    “I cannot speak on whether he did or not,” he said.

    We couldn’t reach out for an interview with Najera — he died in jail in 2015.

    Gamboa’s trial testimony revealed that he and Ayala got into an argument and then Gamboa shot him in the stomach.

    He and Najera then robbed the place, shooting Morgan and Koger in the process.

    They left with only $200 but were arrested days later.

    Gamboa is currently on his 4th appeal seeking a retrial in his case.

    For now, he waits for the day he either is granted that retrial or an execution date.

    “I’m just going to leave this in the hands of God, you know, and just let him guide the way like he has,” Gamboa said.

    (source: KSAT news)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #10
    Moderator Bobsicles's Avatar
    Join Date
    Jan 2019
    Location
    Tennessee
    Posts
    7,316
    Appeal dismissed by the Fifth Circuit.

    https://law.justia.com/cases/federal...023-03-16.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

Page 1 of 2 12 LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •