Court of Criminal Appeals of Texas· 6/18/1997

Ex Parte Elizondo

Citations

947 S.W.2d 202
1996 WL 724666

How courts have described this case

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

holding that to gain relief on a bare actual innocence claim, the applicant must show by clear and convincing evidence that no reasonable juror would have convicted him in light of the new evidence
stating that, in case of freestanding claim of innocence, the habeas court “must be convinced” that the new facts “unquestionably establish” the applicant’s innocence; “unquestionably establish” means same thing as by “clear and convincing” evidence
requiring a showing by clear and convincing evidence that no reasonable juror would have convicted in light of the newly .discovered evidence
an exceedingly high standard applies to the assessment of actual innocence claims on habeas corpus
habeas applicant must show by clear and convincing evidence that a reasonable juror would acquit him based on his newly discovered evidence
this Court must weigh the newly discovered evidence of innocence against the evidence of guilt

Source: CourtListener parenthetical corpus (CC0).

Judges: Meyers, Baird, McCormick, White, Mansfield, Keller, Womack, Motion, Holland

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Cited by

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

Cites

19 cases in this archive are cited by this case.

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