Court of Criminal Appeals of Texas· 11/1/2006

Ex Parte Brown

Citations

205 S.W.3d 538
2006 Tex. Crim. App. LEXIS 2109
2006 WL 3077469

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

recognizing that, before a habeas applicant is entitled to a hearing, they “must make a claim that, if true, establishes affirmative evidence of innocence”
noting that a habeas applicant must not only make a truly persuasive showing of innocence, he must also prove that the evidence he relies upon is \newly discovered\
concluding evidence was not newly discovered where the same evidence had been attached to a motion for new trial two years earlier
observing that \newly discovered\ or \newly available\ evidence refers to evidence that \was not known to the applicant at the time of trial and could not be known to him even with the exercise of due diligence\
noting that “[a] claim of actual innocence is not an open window through which an applicant may climb in and out of the courthouse to relitigate the same claim before different judges at different times”
recognizing two types of innocence claims—a Herrera claim and a Schlup claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Cochran, Keller, Meyers, Price, Womack, Johnson, Hervey, Holcomb, Keasler

Read full opinion on CourtListener

Cited by

145 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

Other cases named Ex Parte Brown

112 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.