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Jose Noey Martinez - Texas
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Thread: Jose Noey Martinez - Texas

  1. #1
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    Jose Noey Martinez - Texas


    Jose Noey Martinez


    Facts of the Crime:

    Convicted in the February 1995 stabbing deaths of a 68-year-old Mission woman and her four-year-old granddaughter during a burglary of their residence. Killed her Esperanza Palomo and young Amanda Palomo. Martinez told police he broke into the Palomo residence with the intention of stealing a stereo and television. He said he stabbed the elder woman when she confronted him with a baseball bat and then sexually assaulted her when she fell to the floor. Martinez said he stabbed the woman’s granddaughter to death when she started crying and then ejaculated on her body. Martinez reportedly showed no remorse for the killings. While being escorted from the courtroom following his conviction, Martinez reportedly looked at the family of the victims and said, “It’s not over yet.”

    Martinez was sentenced to death in Hodalgo County on January 29, 1997.

    __________________________________________________ __________________________________________________ __


    On May 30, 2007, Martinez filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/tex...cv00127/509643

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    March 12, 2010

    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.

    In November 1996, a jury found applicant guilty of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Martinez v. State, No. AP-72,704 (Tex. Crim. App. June 30, 1999)(not designated for publication). Applicant filed his initial post-conviction application for writ of habeas corpus in the convicting court on February 17, 1999. After filing and setting the case, this Court ultimately denied applicant relief. Ex parte Martinez, 195 S.W.3d 713 (Tex Crim. App. 2006). Applicant's subsequent application was received in this Court on September 28, 2007.

    Applicant presents two allegations in his application. In his first claim, applicant asserts that his execution would violate the United States Supreme Court's opinion in Atkins v. Virginia, 536 U.S. 304 (2002), holding that the Eighth Amendment prohibits the execution of the mentally retarded. In his second claim, applicant asserts that his execution would violate his due process rights unless he is afforded a full and fair hearing on his claim of mental retardation with access to the tools necessary to establish his claim.

    We have reviewed the application and find that the allegations satisfy the requirements of Article 11.071 § 5. Accordingly, we remand the application to the trial court for a live hearing on applicant's claims.

    IT IS SO ORDERED THIS THE 12TH DAY OF MARCH, 2008.

    (Source: TCCA)

  3. #3
    Administrator Moh's Avatar
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    IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS

    NO. WR-58,358-02
    EX PARTE JOSE NOEY MARTINEZ

    ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
    FILED IN CAUSE NO. CR-0385-95-G(2) IN THE 370th DISTRICT COURT
    HIDALGO COUNTY
    Per Curiam.O R D E R

    In November 1996, 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. This Court affirmed applicant's conviction and sentence on direct appeal. Martinez v. State, No. AP-72,704 (Tex.Crim.App. June 30, 1999). On March 12, 2008, this Court remanded applicant's case to the trial court. It has been more than two years since the application was remanded. 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...58-358-02.html

  4. #4
    Senior Member CnCP Legend JLR's Avatar
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    Martinez resentenced to life today on an Atkins claim.

    http://www.search.txcourts.gov/Searc...6-655079c49564

  5. #5
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    Death row inmate ruled mentally disabled, gets life sentence

    HOUSTON (AP) - The Texas Court of Criminal Appeals has reduced death row inmate Jose Martinez's sentence to life in prison after agreeing with his trial court's findings that the convicted killer of a Rio Grande Valley woman and her 4-year-old granddaughter is mentally impaired and ineligible for the death penalty.

    The 39-year-old Martinez has been on death row more than 19 years for fatally stabbing 68-year-old Esperanza Palomo and her granddaughter, Amanda, during a 1995 burglary at her home in Mission in Hidalgo County. Martinez was 18 at the time. Amanda Palomo was partially blind and staying at her grandmother's house that night.

    His lawyers argued in their appeal resolved Wednesday it would be unconstitutional to execute Martinez under a 2002 U.S. Supreme Court ruling that prohibits execution of mentally disabled people.

    http://www.kltv.com/story/32228314/d...-life-sentence

  6. #6
    Senior Member CnCP Legend FFM's Avatar
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    Another fake 'retard' gets away from punishment....

  7. #7
    Administrator Helen's Avatar
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    Esperanza Palomo and her grandaughter Amanda Marie



    Victims’ Family Upset Over Death Penalty Reversal for Convict

    The man whose daughter and mother were murdered over 20 years ago is speaking out against their killer.

    The murderer's death sentence was tossed out and replaced with life in prison.

    Oscar Palomo is angry because he believes the justice system failed his legally blind daughter and mother. He said not one day goes by that he doesn't think about his 4-year-old daughter, Amanda Marie and his 68-year-old mother, Esperanza.

    Both were taken from him in February of 1995. He said he remembers the day clearly because he found them. They were inside a home in Madero. They were stabbed to death and sexually assaulted.

    The man responsible and convicted for the crime was Jose Noe Martinez, who was 18 at the time.

    "He knew what he was doing and broke into my mom's house did what he did. He knew what he was doing with the intention to do whatever, but he didn't have to kill them the way he did and abused them the way he did. That's my anger. My family feels that, and I feel it every day. Since 1995, my life has been not the same for myself, for my family," Palomo said.

    He learned about Martinez's death sentence being tossed out by the Texas Court of Criminal Appeals.

    "We're devastated by this decision the appellate court made. I ask everyone and I ask myself what about my mother, my daughter. They're buried 6 feet underneath the ground. ...They don't know what's going on. I know they are angels and they're among us, but still, I'm speaking out for them and that's my fight for justice, for them, for my daughter Amanda Marie Palomo and my mother Esperanza Valdez Palomo, he said.

    The higher court reduced Martinez's death sentence to life in prison, after agreeing with psychiatric findings produced 2 years ago. According to the Hidalgo County District Office, the findings were conducted by experts hired by Martinez's attorney and the state.

    Both found Martinez was intellectually disabled.

    The U.S. Supreme Court passed a law in 2002 that prohibits anyone whos mentally impaired from being executed.

    "Back then he was found to die by lethal injection and that was our fight, and we thought everything was at a standpoint, that everything was done. And then all of a sudden, all this popped out little by little that he was being tested for mental illness and all that. He knew what he was doing," Palomo said.

    He said Martinez doesn't deserve to live.

    "He's wasting tax payers' money. He's sleeping, eating, breathing air. What about my loved ones? They're dead, he stabbed them. He didn't care. He took 2 precious lives away from us. Where are their rights? That's my fight," he said.

    The higher court's decision isn't stopping Palomo from trying to do something about it.

    "I will fight for justice with God's help and true support of the community and my friends and my family. I will fight for justice," he said. "I will fight for justice at least I can do that for them."

    Martinez is now 39 years old. The D.A.'s office said Martinez will be eligible for parole in 20 years.

    But due to the nature of the crime he committed, he will likely not be released.

    http://www.krgv.com/story/32242934/v...al-for-convict
    "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

    “Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

  8. #8
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    Jose Noey Martinez was removed off Texas' Death Row on July 11, 2016.

    http://www.tdcj.state.tx.us/death_ro...ger_on_dr.html

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