Richard Vasquez, Jr.

Summary

This document is Richard Vasquez Jr.'s response to the State's motion to dismiss his subsequent application for a writ of habeas corpus and opposition to denial of a stay of execution. It argues that newly available scientific evidence concerning the cause of the victim's death supports relief under Texas Code of Criminal Procedure article 11.073 and warrants an evidentiary hearing before the scheduled execution.

Questions Presented

1. Whether the State's motion to dismiss should be denied because Vasquez's subsequent habeas application pleaded a prima facie claim under Texas Code of Criminal Procedure article 11.073 based on newly available scientific evidence.
2. Whether factual disputes concerning the scientific evidence and expert declarations require an evidentiary hearing in the trial court rather than dismissal on the pleadings.
3. Whether Vasquez should receive a stay of execution while the habeas claims are litigated.

Disposition

other