WR-48,152-08
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 5/24/2016 9:49:27 PM
Accepted 5/25/2016 6:30:17 AM
ABEL ACOSTA
NO. WR-48,152-08 CLERK
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
________________________________________
GARCIA GLEN WHITE
APPLICANT
V. May 25, 2016
THE STATE OF TEXAS
RESPONDENT
________________________________________
On Application for Post-Conviction Writ of Habeas Corpus
In Cause No. 723847 in the 180th Judicial District Court
Harris County
MOTION FOR LEAVE TO SUBMIT AMICI CURIAE BRIEF IN SUPPORT OF THE
APPLICANT ON BEHALF OF THE TEXAS CRIMINAL DEFENSE LAWYERS
ASSOCIATION, THE HARRIS COUNTY CRIMINAL LAWYERS ASSOCIATION, AND
THE HARRIS COUNTY PUBLIC DEFENDER’S OFFICE
The Texas Criminal Defense Lawyers Association, the Harris
County Criminal Lawyers Association, and the Harris County Public
Defender’s Office seek permission to jointly submit an Amici Curiae
brief for this Court’s consideration. See Tex. R. App. P. 11. In support of
this motion, Amici Curiae would state the following:
I. A broad interpretation of Article 11.073 would better
vindicate the rights of defendants who suffer confinement or
collateral consequences due to unsound forensic evidence
This Court’s interpretation of Article 11.073 is important to many
types of writ applicants. For example, a narrow definition of “convicted”
may foreclose relief to potential writ applicants placed on community
supervision who are not finally convicted or who are not adjudicated
guilty. Furthermore, a narrow definition of “convicted” could foreclose
relief to similarly-situated writ applicants based upon an arbitrary
distinction between sentencing issues that occur during the
guilt/innocence phase of trial (for instance, jurisdictional enhancements,
aggravating factors, culpable states of mind, Tex. Code Crim. Proc.
38.37 evidence, extraneous offenses offered for permissible purposes) or
sentencing issues that occur during the punishment phase of trial (for
instance mitigating circumstances, sentence enhancements,
aggravating factors, extraneous offenses). Amici curiae are concerned
that a narrow interpretation of “convicted” will leave many writ
applicants whose punishment or degree of punishment rests upon
unsound forensic science without a legal basis for relief.
II. Article 11.073’s legislative history supports a broad
interpretation of “convicted”
Article 11.073 was conceived as a robust solution to the problem of
new forensic evidence undermining confidence in the outcomes of
criminal cases:
The question of how to deal with convictions based on false
and discredited forensic testimony has arisen more
frequently as the forensic sciences in recent years have
undergone extensive review, leading to correction and
updating in various fields and sometimes discrediting
certain forms of forensic testimony. Rather than establish
additional chapters for arson, dog-scent lineups, and every
discredited forensic method, SB 344 would establish a single
standard for when this scenario arises.
HOUSE RESEARCH ORGANIZATION, BILL ANALYSIS, Tex. S.B.344, 83rd Leg.
R.S. (2013). Amici curiae believes that there is no indication that Article
11.073 should be treated as a solution to inaccuracies that occur within
the guilt/innocence phase of trial but not the punishment phase of trial,
and a distinction between the phases for purposes of Article 11.073
would only frustrate the Legislature’s intent.
Prayer
Amici Curiae prays that this Court receive and consider the
accompanying Amici Curiae Brief, pursuant to Rule 11 of the Texas
Rules of Appellate Procedure.
Respectfully submitted,
SAM BASSETT,
President,
ANGELA MOORE,
Co-Chair, Amicus Committee
TEXAS CRIMINAL DEFENSE
LAWYERS ASSOCIATION
TYLER FLOOD
President,
HARRIS COUNTY CRIMINAL
LAWYERS ASSOCIATION
ALEX BUNIN,
Chief Public Defender,
HARRIS COUNTY PUBLIC
DEFENDER’S OFFICE
/s/ Nicolas Hughes
NICOLAS HUGHES
Counsel for Amici
1201 Franklin Street, 13th Floor
Houston, Texas 77002
713-368-0016
713-386-9278 fax
TBA No. 24059981
nicolas.hughes@pdo.hctx.net
CERTIFICATE OF SERVICE
I certify that a copy of this Motion for Leave to Submit Amici Curiae
Brief in Support of the Applicant on Behalf of the Texas Criminal Defense
Lawyers Association, the Harris County Criminal Lawyers Association,
and the Harris County Public Defender’s Office (White) has been served
upon the Harris County District Attorney's Office and upon the attorney
for the Applicant (Pat McCann), on May 24, 2016 by electronic service.
/s/ Nicolas Hughes
NICOLAS HUGHES
Counsel for Amici