EX PARTE MARTINEZ

No. AP-75364.

233 S.W.3d 319 (2007)

Ex parte Raymond DeLeon MARTINEZ, Applicant.

Court of Criminal Appeals of Texas.

September 12, 2007.


Attorney(s) appearing for the Case

Michael B. Charlton, El Prado, NM, for appellant.

Lynn Hardaway, Asst. D.A., Houston, Matthew Paul, State's Attorney, Austin, for state.


OPINION

HERVEY, J., delivered the opinion of the unanimous Court.

In this case, we decide that it is not an abuse of the writ of habeas corpus to seek relief on the meritorious claim presented in applicant's subsequent state habeas application. Applicant claims that the jury at his 1989 capital murder trial did not have a vehicle to give "meaningful consideration" to his "constitutionally relevant mitigating evidence." We, therefore, set aside applicant...

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