No. 23-7180

Gary Wayne Warner v. Texas

Lower Court: Texas
Docketed: 2024-04-09
Status: Denied
Type: IFP
IFP
Tags: actual-innocence criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice newly-discovered-evidence plea-bargaining plea-package state-law-ground
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-06-06
Question Presented (AI Summary)

Whether Texas Court of Criminal Appeal's is applying Sec.4 {TCCP Art.11.07] as adequate & independent state law ground

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : WHETHER TEXAS COURT OF CRIMINAL APPEAL'S IS APPLYING SEC.4 {TCCP ART.11.07]-AS ADEQUATE & INDEPENDENT STATE LAW GROUND IN : LIGHT OF THIS COURT HOLDING IN-[Cruz v.Arizona,143 sct.650]Trevino v.Thaler,133 SCt.1911-Magwood v.Patterson,130 SCt.2788; PRECLUDES SUBSEQUENTAL WRIT APPLICATION-BASED ON NEWLY DISCOVERED EVIDENCE INEFFECTIVE ASSISTANCE OF COUNSEL-BARS RE URGEING COUNSES INEFFECTIVENESS IN OTHER CAUSES DISPOSED OF IN A SINGLE’ "PLEA . PACKAGE" INEFECTED THE.INTIRE PROCEEDING ? WOULD IT RESULT IN A "FUNDANENTAL MISCARRIAGE OF JUSTICE" TO BAR REVIEW WARNER"S COLORABLE CLAIM OF ACTUALLY & OR FACTUALLY INNOC -ENCE OF FELONY THEFT ALLEGATION HE WAS NEVER CHARGE FOR COMMITT -ING-BUT IMPROPERLY USE TO RAISE THE MISDEMEANOR ESCAPE TO A FEL . _ONY ? ° \ i 1

Docket Entries

2024-06-10
Petition DENIED.
2024-05-22
DISTRIBUTED for Conference of 6/6/2024.
2024-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2024)
2023-12-08
Application (23A522) granted by Justice Alito extending the time to file until January 18, 2024.
2023-11-27
Application (23A522) to extend the time to file a petition for a writ of certiorari from December 19, 2023 to January 18, 2024, submitted to Justice Alito.

Attorneys

Gary Warner
Gary Wayne Warner — Petitioner
Gary Wayne Warner — Petitioner