Ex parte Bernardo Adan Tercero

Summary

This document is Bernardo Adan Tercero’s reply to the State’s motion to dismiss his subsequent application for a writ of habeas corpus and to deny a stay of execution. He argues that his claim concerning unknowingly presented false testimony satisfies Texas’s statutory requirements for a subsequent habeas application under Article 11.071 and requests a stay, an evidentiary hearing, and relief from his conviction and sentence.

Questions Presented

1. Whether Tercero's subsequent habeas application satisfied the legal-unavailability requirement of Texas Code of Criminal Procedure article 11.071, section 5(a)(1), based on Chabot v. State.
2. Whether the alleged presentation of unknowingly false testimony by the State's witness stated a potentially meritorious due-process claim warranting habeas relief.
3. Whether the execution should be stayed and the case remanded to the trial court for an evidentiary hearing.

Disposition

other