Eduardo Catarino Palacios v. Texas
DueProcess Securities
Was the prosecutor allowed to override the habeas court's findings of fact and conclusions of law?
QUESTIONS PRESENTED ‘ Eduardo Catarino Palacios was convicted of Murder in Texas State Court Largely based on Faise Testimony evidence and sentenced to 50 years. Petitioner's Mother requested through the Freedom of Information Act an audio tape recording from. the Police in Laredo,Texas, Discovering that the chain of custody ; of said audio tape lead to the District Attorny's Office. and was in the custody of the District Attorney through ‘out trial. Which had fatled to disclese this to the defense. The Habeas court found through 11.07 section 3 that there were unresolved issues and cailed for an evidentiary hearing to resolve these issues. Through this hearing the Habeas court found that the District Attorney's office had lest the audio tape since the trial, But through testimony hed d@iscovered the contents of the audio recording .The Court recommended that relief be granted on his federal due process rights of a Brady violation and also ineffective assistance of counsel. The State initially epposed this relief under 11.07 section 4 that relief should be denied However, Through this Evidentiary hearing Counsel had shown they met. the standard for 11.07 sectian 4,The habeas Court agreed that it had been met’ and forwarded it to the Texas Court of Criminal Appeals Recommending relief be granted. Despite the favorable. ruling from Cthelbiabeas fourt the CCA : found that Petitioner ‘s Attorney had not filled out the Applica tien properly and dismissed under Non-compliance with Texas Rules of Appellate Proc. 73.1 Multiple grounds raised on a single , ii page and no certificate eof compliance documenting the word count. Petitioner had resubmitted the corrected Application and complied with Texas Rules of Appellate Procedure 79.2(d)Which does not viotate said rules. Question 1. Is the Prosecutor allowed to override a Habeas Courts findinas of fact anc conclusions of Law. Question 2. Is the Prosecutor allowedi to use Art. 11.07 Sec. 4 aS a means to deny a corrected 11.07 that is only being resubmitted due to prior 11.07 being dismissed for non-compliance. Question 3. If the CCA dismisses a 11.07 for non-compliance is there any Law or policy orprocedure that prohibits one from Filing a corrected Application of habeas corpus. Question 4. Is a Habeas Corpus that was dismissed for non-comoliance with Texas Rules of Appellate Procedure: 73.1 cause a bar for a corrected 11.0% under rule 11.07 secton 4.