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Date: 04-25-2022

Case Style:

Ex Parte Melissa Elizbeth Lucio, Applicant

Case Number: WR-72,702-05

Judge: Per Curiam

Court: The Court of Criminal Appeals of Texas

Plaintiff's Attorney: Maureen Scott Franco, A. Richard Ellis, Sandra L. Babcock, and Tivon Schardl for applicant, Melissa Elizabeth Lucio.

Defendant's Attorney: Office of the Attorney General of Texas

Description: Austin, Texas criminal defense lawyers made application for a writ of habeas corpus and motion for stay of executive from NO. 07-CR-00885 IN THE 138 JUDICIAL DISTRICT COURT CAMERON COUNTY

We have before us a subsequent application for a writ of habeas corpus filed
pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5, and a
motion to stay Applicant’s execution.

The trial court ultimately scheduled Applicant’s execution for April 27, 2022. On
April 18, 2022, she filed the instant habeas application. She raises nine claims in her
application. Specifically, Applicant asserts that: (1) but for the State’s use of false
testimony, no juror would have convicted her; (2) previously unavailable scientific
evidence would preclude her conviction; (3) she is actually innocent; (4) her trial counsel
provided constitutionally ineffective assistance; (5) the State suppressed favorable,
material evidence in violation of Brady v. Maryland; (6) the State violated her Sixth
Amendment right to be free from uncounseled pretrial interrogation; (7) her conviction
and death sentence are tainted by juror misconduct; (8) gender bias tainted her
prosecution and contributed to her wrongful conviction; and (9) she is innocent of the
death penalty.

Outcome: We therefore remand those claims to the trial court
for a merits’ review.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: The State of Texas executed more people than all of the rest of the states combined. The death penalty never has been and new will be good public policy.

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