X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

Applicant pled no contest to indecency with a child. He claims that newly discovered evidence establishes that he is actually innocent of this offense and that he falsely pled no contest at the request of his mother.*fn1 We filed and set this case to determine, among other things, whether applicant has established that he is actually innocent. The State concedes and the convicting court has consistently made findings that applicant is actually innocent, and this Court has decided to accept these findings.*fn2 It is necessary, however, for us to determine whether we should grant applicant habeas corpus relief and set aside his conviction because, over the course of four remands and two live hearings, the convicting court has made supported-by-the-record but contradictory findings on whether applicant’s actual-innocence claim is based on newly discovered or newly available evidence. See Ex parte Brown, 205 S.W.3d 538, 545 (Tex.Cr.App. 2006) (“Not only must the habeas applicant make a truly persuasive showing of innocence, he must also prove that the evidence he relies upon is ‘newly discovered’ or ‘newly available.’ The term ‘newly discovered evidence’ refers to evidence that was not known to the applicant at the time of trial and could not be known to him even with the exercise of due diligence.”).

We first set out the facts that are not in dispute. In November 2004, applicant was charged with aggravated sexual assault of his sister Elaine (born on May 18, 1987) and his other sister Janie (born on September 1, 1993). On July 5, 2005, pursuant to a plea bargain, applicant pled no contest to a reduced charge of indecency involving Janie. The convicting court deferred an adjudication of guilt and placed applicant on community supervision (“probation”) for seven years. On May 31, 2006, applicant was sentenced to ten years in prison after his probation was revoked because, among other things, he refused to admit in sex-offender therapy that he had molested Janie. On September 29, 2006, applicant filed a habeas corpus application in which he claimed, among other things, that he is actually innocent of the indecency offense involving Janie. This application was supported by Janie’s July 8, 2006, affidavit recanting her prior allegations that applicant committed this offense (“Janie’s July 8, 2006, recantation affidavit”).*fn3

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More

Seeking a corporate/transactional lawyer with at least 2 years' experience. Experience with the following would be a plus:drafting, reviewin...


Apply Now ›

FULL-TIME COMMERCIAL LITIGATION ASSOCIATE SATTIRAJU & THARNEY, LLP SEEKS AN ASSOCIATE ATTORNEY PREFERABLY WITH 4-7 YEARS OF EXPERIENCE ...


Apply Now ›

McCarter & English, LLP is actively seeking a chemistry patent associate with an advanced degree in chemistry. Candidates should have 2-...


Apply Now ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›