Court of Criminal Appeals of Texas

Ex Parte Rosa Estela Olvera Jimenez, Applicant

April 25, 20122012 Tex. Crim. App. LEXIS 637

Summary

The Texas Court of Criminal Appeals denied the applicant's habeas corpus petition, rejecting her claims of a due‑process violation under Ake, ineffective assistance of counsel under Strickland, and actual innocence. The court held that the Ake claim was not preserved, that the state was not required to provide additional experts, and that counsel’s performance was not deficient. It also found the new expert testimony was not newly discovered and that the applicant failed to meet the clear‑and‑convincing burden of actual innocence. Accordingly, relief was denied.