CoCA defines new legal-basis gateway for habeas relief

India Fender, Volume 50 Staff Member JUDGE KELLER DELIVERED THE OPINION OF THE COURT WITH JUDGE KEASLER CONCURRING AND JUDGES ALCALA, RICHARDSON, NEWELL, AND WALKER DISSENTING. The issue in this case was whether there is an exception to the subsequent habeas application bar via either the innocence-gateway exception or the new-legal-basis exception. The Court of Criminal Appeals held that neither exception applied because the alleged constitutional violation did not occur at or before the finding of guilt as required for the innocence-gateway exception, and the legal basis for the applicant’s claim were not new. In St. Aubin v. State, St. Aubin was charged and convicted of one count of murder and four counts of attempted capital murder after shooting five people at the 1998 Mardi Gras celebration in Galveston. Nava was the victim alleged in the murder count as well as the second victim alleged in each of the attempted capital murder counts. St. Aubin filed multiple habeas applications, all of which were denied in in November 2001 and May 2002. The applications at issue in this case were filed in 2015. The 2015 applications claim that the court violated the Double Jeopardy Clause when the State obtained multiple convictions against … Continue reading CoCA defines new legal-basis gateway for habeas relief