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Ex Parte Jimenez

A jury convicted the applicant of felony murder and injury to a child. The court of appeals affirmed the applicant's convictions. The habeas judge recommended that the Court of Criminal Appeals grant applicant a new trial. A trial judge does not err in denying an informal, off-the-record request for additional funding for experts when he is not presented with a written motion that contains affidavits or other evidence that would support the defendant's request. The writ of habeas corpus is denied. Court of Criminal Appeals, No. AP-76,669, 04-25-2012.

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Cochran, J., delivered the opinion of the Court in which Keller, P.J., and Price, Womack, Johnson, Keasler, Hervey, and Alcala, JJ., joined. Meyers, J., did not participate.

This is a tragic case involving the death of a toddler who choked on a wad of paper towels while applicant was baby-sitting him. The question at trial was whether the child stuffed the towels down his own throat and died accidentally or whether applicant forced the towels into his mouth and caused his death.

 
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