IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 114-1633-04-A IN THE 114TH DISTRICT COURT
FROM SMITH COUNTY
O R D E R
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to twenty years' imprisonment. He did not appeal his conviction.
Applicant contends that he is actually innocent of aggravated sexual assault. We order that this application be filed and set for submission to determine whether: (1) this Court's actual innocence jurisprudence should apply to persons innocent only of an aggravated element of an offense; (2) Applicant's decision to consume alcohol should be a factor in determining whether evidence was unavailable at trial; and (3) we should adopt a medical standard in actual innocence cases for evidence that was not available as a result of conditions that affected a person's capacity to remember facts at trial. The parties shall brief these issues. Oral argument is permitted.
It appears that Applicant is represented by counsel. Applicant's brief shall be filed with this Court within 30 days of the date of this order. The State's response shall be filed within 30 days after the filing of Applicant's brief.
Filed: March 21, 2007
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