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Martinez v. Texas Court of Criminal Appeals

A writ of habeas corpus is the exclusive remedy for a petitioner seeking stay of execution.

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As amended July 1, 2002

Plaintiffs-Appellants Johnny Joe Martinez, Gary Etheridge, and Napoleon Beazley challenge the district court’s judgment dismissing, for lack of jurisdiction, their complaint alleging claims under 42 U.S.C. § 1983. For the following reasons, we AFFIRM the judgment of the district court. Due to the exigencies of time, we construe this appeal alternatively as an application for permission to file a successive habeas corpus petition, which we DENY.

Plaintiffs-Appellants Johnny Joe Martinez, Gary Etheridge, and Napoleon Beazley (collectively, “the Plaintiffs”) are all prisoners under sentence of death in the State of Texas. Each of the Plaintiffs was convicted of capital murder. Each Plaintiff has directly appealed his conviction, and has collaterally attacked his conviction by filing petitions seeking a writ of habeas corpus in both state and federal court.*fn1 None of these post-conviction challenges has been successful. Martinez’s sentence of death is scheduled to be carried out tomorrow, on May 22, 2002. Etheridge’s sentence of death is scheduled to be carried out on June 27, 2002. Beazley’s sentence of death is scheduled to be carried out on May 28, 2002.

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