Frank Smith v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division

How courts have described this case

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

• noting that \for a defendant to demonstrate actual innocence of the sentence imposed he would have to show that but for the constitutional error he would not have been legally eligible for the sentence he received\
• assuming without deciding that actual innocence exception applies to noncapital sentencing procedures; such application would require defendant to show that, absent alleged error, he would not have been legally eligible for his sentence
• actual innocence exception would only be available if but for the error the petitioner would not have been legally eligible for the sentence he received
• ‘‘[t]he defense of a criminal case [does not] contemplate the employment of wholly unlimited time and resources’’
• “[F]or a defendant to demonstrate actual innocence of the sentence imposed he would have to show that but for the constitutional error he would not have been legally eligible for the sentence he received.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).