State of Texas ex rel. John B. Holmes, Jr. v. the Honorable Court of Appeals for The…

Summary

The Court granted relators a writ of mandamus ordering the Third Court of Appeals to vacate its injunction enjoining Gary Graham's execution, held that the appellate court lacked jurisdiction to stay the execution, and established a new factual‑innocence threshold and burden for post‑conviction habeas petitions; dissenting and concurring judges argued that the injunction should stand or that the proper remedy is executive clemency.