The Texas Court of Criminal Appeals dismissed a move by an Edinburg man who claimed he should be let out of prison because the judge who sentenced him to life had not taken a proper oath of office.
The high court denied 41-year-old Sostenes Morales’ post conviction writ of habeas corpus Wednesday.
Morales has been jailed since 2006 after a jury convicted the man of shooting his wife, 23-year-old Jennifer Morales, to death on her birthday, May 13, 2005.
According to the Texas Council on Family Violence, Morales shot his victim at close range after a domestic dispute escalated. He tried to escape and stab himself before his arrest, according to the Texas Council on Family Violence.
He also claimed in the writ that his defense attorney was ineffective for not investigating the judge’s oath of office.
The Texas Court of Criminal Appeals dismissed the writ without a written order.