Ex parte Flores (Original)
Annotate this CaseA jury convicted Applicant on two counts of capital murder for terminating his girlfriend's pregnancy by stepping on her abdomen, causing her twins to be delivered stillborn. His convictions and life-imprisonment sentences were upheld on appeal by both the court of appeals and the Supreme Court. Applicant filed a post-conviction application for a writ of habeas corpus alleging that his trial and appellate attorney provided ineffective assistance of counsel. After a hearing and taking additional evidence, the habeas judge filed findings of fact and conclusions of law recommending that the Supreme Court grant relief on two ineffective assistance of counsel claims: (1) for failing to present the expert testimony at trial; and (2) failing to raise sufficiency of the evidence on direct appeal. However, rather than provide the Court with findings of fact that resolve the disputed facts, the trial judge made findings that were largely a recitation of the evidence presented at the writ hearing. Because these findings were not helpful to the Court in resolving the issues for which the case was remanded, the Court conducted its own independent review of the evidence. After so doing, the Court denied relief.
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