Yolanda Saldívar denied new trial.
por Manny B. - 20 de noviembre de 2019
Yolanda Saldívar, 58, is serving life in prison for the murder of Selena Quintanilla. She's currently incarcerated in the Texas Department of Criminal Justice Correctional Institutional Division at the Mountain View Unit - according to Radar. The news outlet exclusively reveal that Yolanda Saldívar had request a new trial in the singer's murder, but was dismissed because she didn't seek permission from Fifth Circuit Court. In a recent media interview, Saldívar claimed prosecutor Carlos Valdez had and has held exculpatory material evidence, which is evidence favorable to the defendant. Yolanda Saldívar has maintained the shooting was accidental.
The exclusive news by Radar also included important information by the court.
The court papers obtained from United States Court of Appeals for the Fifth Circuit explain how Saldívar did not "'make a prima facie".
Her claim relies on a new rule of constitutional law that was made retroactive to cases on collateral review by the Supreme Court and was previously unavailable.
The factual predicate for the claim could not have been discovered previously through the exercise of due diligence,' and the underlying facts, 'if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable fact finder would have found the applicant guilty of the underlying offense.'"
Radar also mentioned that Saldívar is serving a life sentence and is eligible for parole in March 2025. The Public Information Officer for the prison also told Radar that Saldívar's job behind bars is to "pass out food trays from a cart to other offenders in her cell area."
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