Martinez, Ex Parte Raymond D.

• Court: Court of Criminal Appeals of Texas
• Decided: April 5, 2006
• Docket: AP-75,364
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,364 EX PARTE RAYMOND DELEON MARTINEZ

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM CAUSE NO. 387158-B IN THE 184^TH DISTRICT COURT

HARRIS COUNTY

Per Curiam; Cochran, J., not participating.

O R D E R

On March 22, 2006, applicant filed an application for writ of habeas corpus pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5, and a motion for stay of execution. On March 24, 2006, this Court granted the stay and found that the application satisfied the requirements of Article 11.071, § 5(a).

Further, the Court filed and set applicant's case to address the single issue raised in his application: whether the nullification issue the jury received in the punishment phase of applicant's trial suffered from the same defects that the United States Supreme Court found unconstitutional in Penry v. Johnson, 532 U.S. 782 (2001)(Penry II), and Smith v. Texas, 543 U.S. 37 (2004). The parties are ordered to brief the merits of this issue in light of the entire charge that the jury received. Applicant's brief is due in this Court within 30 days after the date of this order, and the State's brief is due in this Court within 30 days after the date applicant files his brief. Oral argument will be permitted upon request.

IT IS SO ORDERED THIS THE 5^th DAY OF April, 2006.

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