Ex parte Hector Recendis-Martinez

Summary

The Eighth District Court of Appeals of Texas affirmed the denial of Hector Recendis-Martinez’s pretrial application for a writ of habeas corpus based on alleged selective prosecution under Operation Lone Star. The court held that an affidavit describing the State’s policy of arresting male, but not female, trespassers did not constitute exceptionally clear evidence of an invidiously discriminatory purpose, particularly in light of resource limitations and the border emergency.

Holdings

1. Recendis-Martinez failed to present exceptionally clear evidence that the State's policy of arresting male but not female trespassers was motivated by an invidious discriminatory purpose.
2. The trial court acted properly in denying Recendis-Martinez's application for a pretrial writ of habeas corpus, and its order was affirmed.

Questions Presented

1. Whether the evidence, including Victor Escalon's affidavit, established a prima facie case that the State's Operation Lone Star arrest policy was motivated by a discriminatory purpose based on gender.
2. Whether the trial court properly denied Recendis-Martinez's pretrial application for a writ of habeas corpus alleging selective prosecution.

Disposition

affirmed