No. 22-7429

Melecio Santana Delacruz, aka Ricardo Vergara v. Texas

Lower Court: Texas
Docketed: 2023-05-01
Status: Denied
Type: IFP
IFP
Tags: credibility-determination habeas-corpus ineffective-assistance ineffective-assistance-of-counsel perjury record-evidence sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether a credibility determination with no or contrary record evidence can trump a clearly record-supported claim that proves an attorney has presented perjurious statements

Question Presented (OCR Extract)

QUESTIONS PRESENTED Understariding that the Texas Court of Criminal Appeals is the ultimate fact finder in Texas habeas corpus cases, and the weight placed upon Trial Court credibility determinations by the Texas Court of Criminal Appeals in a scenario where they themselves requested an affidavit from the contested attorney pursuant to a remand on an ineffective assistance of counsel Sixth Amendment violation, does a credibility determination with no-or even contrary-record enimence , trump a clearly record supported claim that proves the attorney has presented perjurious statements based on the record in his affidavit that are provably so by the record and evidence? QUESTION TWO: Does an attorney's false affidavit on habeas cure his ineffectiveness at trial for failing to call a key witness in a case where her habeas affidavit tracks the attorney's own sworn motion, filed after. his investigator had interviewed her, concerning the materiality of her testimony in a case where she has specific and audio recorded evidence the entire case was fabricated and especially so when the then only defense at trial was "you can't believe the child complaintant?" QUESTION THREE: Given the inceasingly spanish speaking in Texas-can an attorney ever be found effective for his failure to have the Complainant's video,that was completely in spanish,when he utilized it at he told everyone in the courtroom that it was "critical" to have axttanslater.when he started to go through the video?*but then failed to have one and then hung his complete defense on the unbelievability of thezstatements in thezsame video that the jury requested to see with an interpreter by Jury note and was then told-without objection-that they must ii ‘ignore the spanish portions of thezvideo and oniy consider the english portions because of the law"by the Trial Court Judge? iii LIST OF INTERESTED PARTIES All parties are listed on the caption of the cover page. a RELATED CASES (A).MELECION SANTANA DELACRUZ VS. THE STATE OF TEXAS NO.05-14-01013-CR Fifth court of Appeals, Dallas, Texas WD 16733461 April 28, 2016. (B).-EXPARTE MELECIO SANTANA DELACRUZ WR-92,795-01 in the Court of Criminal Appeals of Texas DENIED NOVEMBER 11. 2022

Docket Entries

2023-10-02
Petition DENIED.
2023-06-15
DISTRIBUTED for Conference of 9/26/2023.
2023-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2023)

Attorneys

Melecio Delacruz
Melecio Santana Delacruz — Petitioner
Melecio Santana Delacruz — Petitioner