IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-87,051-01
EX PARTE MICHAEL ARBARY PRYOR, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 066728-A IN THE 397TH DISTRICT COURT
FROM GRAYSON COUNTY
Per curiam.
ORDER
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 pleaded guilty to driving while
intoxicated and was sentenced to twenty years’ imprisonment. He waived his right to appeal
pursuant to the plea agreement.
Applicant contends, among other things,1 that he was denied due process because a forensic
scientist who performed the blood analysis in his case, Christopher Youngkin, has come under
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This Court has reviewed Applicant’s other claims and finds them to be without merit.
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scrutiny for his work in other cases. The record indicates that neither the prosecutor nor Applicant’s
trial counsel were aware of any issues with regard to Youngkin’s work at the time of Applicant’s
plea. Nevertheless, approximately one month after Applicant’s plea, his trial counsel was notified
by the State that there might be issues regarding Youngkin’s credibility. The habeas record does not
include a copy of the notification, or any additional information concerning any continuing or
concluded inquiry into Youngkin’s work at the Texas Department of Public Safety Crime
Laboratory. The trial court finds that Applicant has made no showing that the State failed to disclose
exculpatory evidence to the defense in violation of Brady v. Maryland, 373 U.S. 83 (1963).
However, Applicant’s due process claim could also encompass a “false evidence” claim, a possibility
which is not addressed by the trial court’s findings of fact and conclusions of law.
To establish that an applicant was denied due process on the basis of false evidence, the
applicant must show that the evidence in his or her case was false, and that the false evidence was
material. When an applicant alleges a due process violation predicated upon the malfeasance of a
forensic laboratory technician, the applicant can prevail by establishing an inference of falsity and
that the "false" evidence was material to the applicant's conviction. Ex parte Coty, 432 S.W.3d 341,
342 (Tex. Crim. App. 2014). In the context of a plea of guilty, the materiality of false evidence is
measured by what impact that false evidence had on the defendant's decision to plead guilty. If the
applicant, knowing the falsity of the evidence, would not have pleaded guilty but would have insisted
on going to trial on the charges, then the false evidence was material. Ex parte Barnaby, 475 S.W.3d
316, 327 (Tex. Crim. App. 2015).
As noted above, the habeas record in this case contains little information to either support
or refute Applicant’s allegations. However, Applicant has alleged facts that, if true, might entitle
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him to relief. In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez,
334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings
of fact. The trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d). In
the appropriate case, the trial court may rely on its personal recollection. Id.
If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent.
If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an
attorney to represent Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall supplement the habeas record with a copy of the notification sent by
the Grayson County Criminal District Attorney’s office to Applicant’s trial counsel regarding
Christopher Youngkin, and with any additional documentation pertaining to the investigation into
Youngkin’s performance as a forensic scientist at the Texas Department of Public Safety Crime
Laboratory. The trial court shall make findings of fact and conclusions of law as to whether there
has been any determination that Youngkin committed intentional misconduct in this or any other
case. The trial court shall also make findings of fact and conclusions of law as to whether, had
Applicant known that the blood analysis report of Christopher Youngkin was potentially subject to
challenge, he would still have pleaded guilty, or would have insisted on going to trial on the charges.
The trial court shall also make any other findings of fact and conclusions of law that it deems
relevant and appropriate to the disposition of Applicant’s claim for habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
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be forwarded to this Court within 120 days of the date of this order. Any extensions of time must
be requested by the trial court and shall be obtained from this Court.
Filed: July 26, 2017
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