Filed on February 3rd, 2021
Applicant Charles Don Flores is currently confined on death row in the Texas Department of Criminal Justice’s Polunsky Unit in Livingston, Texas.
His wrongful conviction was obtained in a trial plagued by police and prosecutorial misconduct and where his insistence on his innocence was overridden by trial counsel in closing argument, reputedly in pursuit of a “strategy” that could have accomplished nothing more than guaranteeing a death sentence. Mr. Flores is confined in violation of the Constitution and laws of the State of Texas and the United States.
He files this second subsequent application for a petition for writ of habeas corpus, pursuant to Texas Code of Criminal Procedure, Article 11.073 and section 5(a) of Article 11.071, to secure the reversal of his capital murder conviction and death sentence and for his release from confinement. The State has filed a motion seeking to set an execution date. The convicting court, however, has entered an order holding a decision on that motion in abeyance until April 1, 2021.
In support thereof, Mr. Flores respectfully shows the following: [Read more ]