Brown, Lisa Ann AKA May, Patricia Suzanne

• Court: Court of Criminal Appeals of Texas
• Decided: May 3, 2023
• Docket: WR-93,640-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-93,640-01

EX PARTE LISA ANN BROWN AKA PATRICIA SUZANNA MAY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1307909-A IN THE 176TH DISTRICT COURT FROM HARRIS COUNTY

Per curiam.

OPINION

Applicant was convicted of delivery of a controlled substance and sentenced to seven months

imprisonment. The Applicant did not file a direct appeal. Applicant filed this application for a writ

of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See

TEX . CODE CRIM . PROC. art. 11.07.

Applicant raises false evidence, involuntary plea, and actual innocence. Applicant contends

that her due process rights were violated because Gerald Goines, an officer with the Houston Police

Department, who was the sole witness against her, was under investigation for falsifying evidence

and had been relieved from duty. Applicant argues that the Court should infer that the officer’s

testimony was false based on his prior misconduct and that Applicant’s due process rights were 2

violated. Based on the record, the State and trial court both recommend granting relief on actual

innocence.

We agree Applicant is entitled to relief, but based on false evidence and involuntary plea.

Relief is granted. Ex parte Chabot, 300 S.W.3d 768, 772 (Tex. Crim. App. 2009); Brady v. United

States, 397 U.S. 742 (1970). The judgment in cause number 1307907 in the 176th District Court

of Harris County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris

County to answer the charges as set out in the indictment. The trial court shall issue any necessary

bench warrant within ten days from the date of this Court’s mandate.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: May 3, 2023 Do not publish