Court of Criminal Appeals of Texas
State of Texas ex rel. John B. Holmes, Jr. v. the Honorable Court of Appeals for The…
April 20, 19941994 Tex. Crim. App. LEXIS 52
Summary
The Court granted the relators writs of mandamus and prohibition, vacating the Third Court of Appeals' injunction enjoining Gary Graham's execution and holding that the injunction exceeded the court's jurisdiction. It also overruled Ex parte Binder, held that Graham may pursue a claim of actual innocence in a post‑conviction habeas corpus proceeding, and announced a new threshold standard and burden of proof for such claims.